SEXUALLY ORIENTED BUSINESSES

Memphis Code of Ordinances tit. 6, ch. 6-72

in effect

Memphis Code of Ordinances § 6-72-1 Purpose and intent.

Sec. 6-72-1. - Purpose and intent. It is the purpose of this chapter to regulate sexually oriented business 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 continued concentrations of sexually oriented businesses within the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this chapter 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. (Code 1985, § 20-121(a); Ord. No. 4013, § 1, 1-15-1991)

Memphis Code of Ordinances § 6-72-2 Definitions.

Sec. 6-72-2. - Definitions. As used in this chapter: Adult arcade means any place to which the public is permitted or invited where 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 pictures, videocassettes 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. Adult cabaret means a nightclub, bar, restaurant or similar commercial establishment which regularly features: 1. Persons who appear in a state of nudity; 2. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or 3. Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. Adult motel means a hotel, motel or similar commercial establishment which: 1. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and may have a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions. This definition shall not include R-rated films so defined by the Motion Picture Association; 2. Offers a sleeping room for rent more than two times in a period of ten hours; 3. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours; or 4. Offers or allows a discount or refund which is less than half the normal daily rate. Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. This definition shall not include R-rated films so defined by the Motion Picture Association. Adult telecommunications business means a commercial establishment where, by means of telephone, any communication characterized by the description of specified anatomical areas or specified sexual activities is made for commercial purposes to any person, regardless of whether the maker of such communication placed the call. Adult telecommunication businesses are exempt from the permit requirements of this chapter but shall comply with its locational requirements. Adult theater means a theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nude, or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities. Director of police services means the director of police services of the city or his or her designated agent. 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 an existing business, whether or not a sexually oriented business, to any sexually oriented business; 3. The addition of any sexually oriented business to any other existing sexually oriented business; or 4. The relocation of any sexually oriented business. Landmark district means a geographically definable area with a concentration of landmark buildings, objects or sites. 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: 1. The appearance of a human bare buttock, anus, male genitals, female genitals or female breast; or 2. A state of dress which fails to cover opaquely a human buttock, anus, male genitals female genitals, or areola of the female breast. Operates or causes to be operated means to cause to function or to put or keep in operation. A person may be found to be operating or causing to be operating a sexually oriented business whether or not that person is an owner, part-time owner, or permittee of the business. Permittee means a person in whose name a permit to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit. "Permittee" shall include an operator of an adult telecommunications business only for purposes of section 6-72-4. Person means an individual, proprietorship, partnership, corporation, association or other legal entity. Residential district means a district whose designation begins with the letter "R" or "AG" according to the Memphis and Shelby County Unified Development Code. Residential use means any building or portion of a building used as a dwelling unit. Semi-nude means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices. Sexual encounter center means a business or commercial enterprise that, as one of its primary 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-nude. 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 or, for the purposes noted in section 6-72-3(F), adult telecommunications business. Specified anatomical areas means: 1. Less than completely and opaquely covered: a. Human genitals, pubic regions; b. Buttock; and c. Female breast below a point immediately above the top of the areola; and 2. Human male genitals in a discernible turgid state, even if completely and opaquely covered; 3. Use of artificial devices or inanimate objects to depict any of the items described above. Specified sexual activities means: 1. Human genitals in a state of sexual stimulation or arousal; 2. Acts of human masturbation, sexual intercourse or sodomy; 3. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast; 4. Acts of bestiality; 5. Use of artificial devices or inanimate objects to depict any of the activities described in this section. Substantial enlargement of a sexually oriented business means the increase in floor area occupied by the business by more than 25 percent, as the floor area exists on July 9, 1990. Transfer of ownership or control of a sexually oriented business means and includes any of the following: 1. The sale, lease or sublease 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. (Code 1985, § 20-121(b); Ord. No. 4013, § 1, 1-15-1991)

Memphis Code of Ordinances § 6-72-3 Classification.

Sec. 6-72-3. - Classification. Sexually oriented businesses are classified as follows: A. Adult arcades; B. Adult bookstores or adult video stores; C. Adult cabarets; D. Adult motels; E. Adult motion picture theaters; F. Adult telecommunications businesses, but only for purposes of sections 6-72-4(D), 6-72-8, 6-72-9, 6-72-16 and 6-72-17; G. Adult theaters; H. Escort agencies; I. Nude model studios; and J. Sexual encounter centers. (Code 1985, § 20-121; Ord. No. 4013, § 1, 1-15-1991)

Memphis Code of Ordinances § 6-72-4 Permit required.

Sec. 6-72-4. - Permit required. A. Generally. 1. A person commits an offense if he or she operates a sexually oriented business without a valid permit, issued by the city or county for the particular type of business. 2. For purposes of this chapter, the issuance, suspension and revocation of a permit for a sexually oriented business located within the city shall be handled by the director of police services. 3. An application for a permit must be made on a form provided by the director of police services. The application must be accompanied by a sketch or 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 inches. Applicants who must comply with section 6-72-14 of this chapter shall submit a diagram meeting the requirements of section 6-72-14. 4. The applicant must be qualified according to the provisions of this chapter. 5. If a person who wishes to operate a sexually oriented business is an individual, he or she must sign the application for a permit as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has any interest in the business must sign the application for a permit as applicant. Each applicant must be qualified under subsection B of this section and each applicant shall be considered a permittee if a permit is granted. 6. The fact that a person possesses a valid theater permit, dance hall permit or public house of amusement permit does not exempt him or her from the requirement of obtaining a sexually oriented business permit. A person who operates a sexually oriented business and possesses a theater permit, public house of amusement permit or dance hall permit shall comply with the requirements and provisions of this chapter, as well as the requirements and provisions of all other Memphis and Shelby County building, fire, health and other permit codes. 7. A permit may be issued only in the name of a natural person. The permit, when approved, shall be issued by the city treasurer, or his or her designee. 8. Every permittee shall, before employing any person or using the services of an independent contractor in the operation of or entertainment at a sexually oriented business, secure from the director of police services an employee's permit authorizing such person to serve as an employee or independent contractor in the place of business of the sexually oriented business permittee. It is made the duty of the sexually oriented business permittee to ensure that each person so employed in permittee's place of business has an employee's permit as above required, which permit must be upon the sexually oriented business premises at all times subject to inspection by the director of police services, or his or her duly authorized agents. 9. No employee's permit may be issued for any person who has been convicted of an offense listed in section 6-72-4(B)(1)(h)(i) for which the time period required in section 6-72-4(B)(1)(h)(ii) has not elapsed. 10. An employee's permit issued pursuant to the provisions of this section shall be valid for a three-year period and shall be subject to suspension or revocation for breaches described in sections 6-72-5(A) and (B) of this chapter. An employee's permit shall be revoked upon the employee's or independent contractor's conviction of an offense listed in section 6-72-4(B)(1)(h)(i). 11. Applications for renewal shall be made in the same manner as applications for original permits upon forms to be prescribed by the director of police services. Such permits shall not be transferable and must be surrendered to the director of police services within five days from the date the holder thereof ceases to work for or at a sexually oriented business, and it shall be the duty of the sexually oriented business permittee to notify the director of police services within five days of the termination of the employment for which such permit was issued. B. Issuance of permit. 1. The director of police services shall approve the issuance of a permit to an applicant within 30 days after receipt of an application unless the director of police services finds one or more of the following to be true: a. An applicant is under 18 years of age; b. An applicant is overdue in payment to the city of taxes, fees, fines or penalties assessed against or imposed upon the applicant in relation to a sexually oriented business; c. An applicant has failed to provide information reasonably necessary for issuance of the permit or has falsely answered a question or request for information on the application form; d. An applicant has been convicted of a violation of a provision of this chapter, other than the offense of operating a sexually oriented business without a permit, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect; e. The permit fee required by this chapter has not been paid; f. An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding 12 months and has demonstrated an inability to operate or manage a sexually oriented business premises in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers; g. An applicant or the proposed establishment is in violation of or is not in compliance with sections 6-72-4(D) or 6-72-6 through 6-72-15; h. An applicant has been convicted of a crime: i. Involving any of the following offenses as described in T.C.A. title 39 or juvenile laws of Tennessee, or corresponding offenses of other, including federal, jurisdictions: (A) Prostitution; (B) Promoting prostitution; (C) The obscenity laws; (D) Sale, loan, distribution or exhibition to one or more minors of material which is harmful to minors; (E) Use of minors for obscene purposes; (F) Promotion of performances including sexual conduct by minors; (G) Indecent exposure; (H) Statutory rape; (I) Rape, aggravated rape, sexual battery or aggravated sexual battery; (J) Incest; (K) Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses; ii. For which: (A) Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; (B) Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or (C) Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period. 2. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse. 3. An applicant who has been convicted or whose spouse has been convicted of any offense listed in subsection (B)(1)(h)(i) of this section may qualify for a sexually oriented business permit only when the time period required by subsection (B)(1)(h)(ii) of this section has elapsed. 4. The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the street address and any post office address of the sexually oriented business. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time. C. Fees. 1. The annual fee for a sexually oriented business permit is $500.00. 2. The annual fee for a permit issued on a date other than the annual expiration date shall be prorated according to the number of days remaining until the expiration date. 3. The applicant for an employee's permit shall pay to the director of police services the sum of $15.00 therefor. 4. Fees shall be collected by the director of police services at the time of issuance of the permit. D. Inspection. 1. An applicant or permittee shall permit representatives of the police services division, health department, fire services division, housing and community development division and construction code enforcement division to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business. 2. A person who operates a sexually oriented business, or his or her agent, employee or independent contractor, commits an offense if he or she refuses to permit a lawful inspection of the premises by a representative of the police services division or health department at any time it is occupied or open for business. E. Expiration of permit. Each permit shall expire December 31st of each year and may be renewed only by making application as provided in subsection A of this section. Application for renewal should be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the permit will not be affected. (Code 1985, § 20-122; Ord. No. 4013, § 1, 1-15-1991; Ord. No. 4198, §§ 1, 2, 6-29-1993; Ord. No. 4352, § 3, 8-15-1995)

Memphis Code of Ordinances § 6-72-5 Permit—Suspension—Revocation.

Sec. 6-72-5. - Permit—Suspension—Revocation. A. Suspension. The director of police services shall suspend a permit for a period not to exceed 30 days if he or she determines that a permittee or an employee or agent of a permittee or independent contractor employed at the licensed premises has: 1. Violated or is not in compliance with sections 6-72-4(D), 6-72-7, 6-72-8 or 6-72-10 through 6-72-15; 2. Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises; 3. Refused to allow an unimpeded inspection of the sexually oriented business premises as authorized by this chapter; 4. Knowingly permitted gambling by any person on the sexually oriented business premises; 5. Demonstrated inability to operate or manage a sexually oriented business in a peaceful and law-abiding manner thus necessitating action by law enforcement officers. B. Revocation. 1. The director of police services shall revoke a permit if a cause of suspension in subsection A of this section occurs and the permit has been suspended within the preceding 12 months. 2. The director of police services shall revoke a permit if he or she determines that: a. A permittee gave false or misleading information in the material submitted to the director of police services during the application process; b. A permittee or an employee, agent or independent contractor employed on the premises has allowed possession, use or sale of controlled substances on the premises; c. A permittee or an employee, agent or independent contractor employed on the premises has allowed prostitution on the premises; d. A permittee or an employee, agent or independent contractor employed on the premises operated the sexually oriented business during a period of time when the permittee's permit was suspended; e. A permittee has been convicted of an offense listed in section 6-72-4(B)(h)(i) for which the time period required in section 6-72-4(B)(h)(ii) has not elapsed; f. On two or more occasions within a 12-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in section 6-72-4(B)(h)(i) for which a conviction has been obtained, and the person or persons were employees, agents or independent contractors employed on the premises of the sexually oriented business at the time the offenses were committed; g. A permittee or an employee, agent or independent contractor employed on the premises has allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in or on the licensed premises. The term "sexual contact" shall have the same meaning as it is defined in T.C.A. § 39-13-501(6); or h. A permittee is delinquent in payment to the city for hotel occupancy taxes, ad valorem taxes, or sales taxes related to the sexually oriented business. 3. The fact that a conviction is being appealed shall have no effect on the revocation of the permit. 4. Subsection (B)(2)(g) of this section does not apply to adult motels as a ground for revoking the permit unless the permittee, employee, agent or independent contractor employed at the premises allowed the act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in a public place or within public view. 5. When the director of police services revokes a permit, the revocation shall continue five years and no sexually oriented business permit shall be issued to that permittee for five years from the date revocation became effective. If, subsequent to revocation, the director of police services finds that the basis for the revocation has been corrected or abated, a permit may be granted to the permittee if at least 90 days have elapsed since the date the revocation became effective. If the permit was revoked under subsection (B)(2)(e) of this section, an applicant may not be granted another permit until the appropriate number of years under section 6-72-4(B)(h)(ii) has elapsed. (Code 1985, § 20-123; Ord. No. 4013, § 1, 1-15-1991)

Memphis Code of Ordinances § 6-72-6 Hearings and appeals.

Sec. 6-72-6. - Hearings and appeals. If the director of police services denies the issuance of a permit for a reason other than a violation of section 6-72-8 of this chapter, or a permittee, applicant or business desires to appeal his, her or its revocation or suspension, it shall be done in the following manner: A. Written notice of the denial or proposed suspension or revocation shall be sent to the permittee by certified mail, return receipt requested, or have delivered by process server. B. The appeal of the denial, revocation or suspension must be filed with the director of police services within ten calendar days of receipt of notice. C. A hearing must be scheduled and held before the director of police services within 60 days, unless continued to a later date by consent of the parties. D. When a permit is suspended or revoked, the suspension or revocation of the permit shall not occur within 60 days of receipt of notice described in subsection A of this section or prior to the date of the hearing, whichever is less, unless the health officer determines there to be a health hazard or risk of disease at the location. No issuance of a new permit for that permittee, business or location shall occur until after the date set for hearing has passed. E. A decision of the director of police services must be made in writing to all parties within five days of the conclusion of the hearing. F. Any appeal of the decision of the director of police services shall be made by Common Law Writ of Certiorari to a court of competent jurisdiction. The appeal must be filed within 30 calendar days after receipt of a written decision from the director of police services or offer of delivery of such decision is made. G. No permit shall be extended during a court appeal without a court ordered Writ of Supersedeas. (Code 1985, § 20-124; Ord. No. 4013, § 1, 1-15-1991)

Memphis Code of Ordinances § 6-72-7 Transfer of permit.

Sec. 6-72-7. - Transfer of permit. A permittee shall not transfer his or her permit to another, nor shall a permittee operate a sexually oriented business under the authority of a permit at any place other than the street address designated in the application. (Code 1985, § 20-125; Ord. No. 4013, § 1, 1-15-1991)

Memphis Code of Ordinances § 6-72-8 Location of sexually oriented businesses.

Sec. 6-72-8. - Location of sexually oriented businesses. A. A person commits an offense if he or she operates or causes to be operated a sexually oriented business within 1,500 feet of: 1. A duly organized and recognized church; 2. A public or private elementary or secondary school; 3. A boundary of a residential or landmark district as defined in this Code; 4. A public park; or 5. The property line of a lot devoted to a residential use as defined in this Code. B. A person commits an offense if he or she causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 1,500 feet of another sexually oriented business. C. A person commits an offense if he or she causes or permits the operation, establishment or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business. D. For the purpose of subsection A of this section, 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 or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district or local historic district. E. For purposes of subsection B of this section, the distance between any two sexually oriented businesses 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. F. Any sexually oriented business lawfully operating on July 1, 1990, that is in violation of subsections A, B or C of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued. In the event of termination of such a sexually oriented business, anyone applying for a reopening or for another sexually oriented business establishment at the premises will be considered a new applicant. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1,500 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. G. 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, of a church, public or private elementary or secondary school, public park, residential district or residential lot within 1,500 feet of the sexually oriented business. This provision applies only to the renewal of a valid permit and does not apply when an application for a permit is submitted after a permit has expired or has been revoked. H. Nothing in this section shall prohibit the city from seeking and obtaining injunctive relief, or the continuation of litigation for injunctive relief pending at the time this chapter becomes effective, against any sexually oriented business which has opened or may open, from March 31, 1987, to the time this chapter becomes effective, within 1,000 feet of a duly organized, recognized church, public or private elementary or secondary school, boundary of a residential district as defined by this Code, public park adjacent to a residential district as defined by this code, or any other sexually oriented business. For purposes of this subsection only, the term "sexually oriented business" shall be limited to and retain the definitions set forth in the predecessor ordinance of the city, Ordinance No. 3647, dated March 31, 1987, Code section 6-72-1 et seq., especially section 6-72-4. This chapter is an amended recreation of, and not an abandonment of, said predecessor ordinance. (Code 1985, § 20-126; Ord. No. 4013, § 1, 1-15-1991)

Memphis Code of Ordinances § 6-72-9 Exemption from location restrictions.

Sec. 6-72-9. - Exemption from location restrictions. A. If the director of police services denies the issuance of a permit to an applicant because the location of the sexually oriented business establishment is in violation of section 6-72-8, then the applicant may, not later than ten calendar days after receiving notice of the denial, file with the comptroller a written request for an exemption from the locational restrictions of section 6-72-8. B. If the written request is filed with the comptroller within the ten-day limit, the city council shall consider the request. The comptroller shall set a date for the hearing within 60 days from the date the written request is received, and shall give notice to the public of such hearing according to the provisions of T.C.A. § 8-44-103. C. The city council shall hear and consider evidence offered by any interested person. D. The city council may, in its discretion, grant an exemption from the locational restrictions of section 6-72-8 if it makes the following findings: 1. That the location of the proposed or existing sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public welfare; 2. That the granting of the exemption will not violate the spirit and intent of this chapter of the Code; 3. That the location of the proposed or existing sexually oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight; 4. That the location of an additional sexually oriented business or the continued location of an existing sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any efforts of urban renewal or restoration; and 5. That all other applicable provisions of this chapter and chapters 6-56, 9-24, 9-32, 9-88, 10-4 through 10-32, 12-64 and 12-68 will be observed. E. The city council shall grant or deny the exemption by a majority vote. The vote shall be decided on the basis of a preponderance of the evidence. The decision of the city council is final. Appeal shall lie by common law writ of certiorari to a court of competent jurisdiction. Such an appeal must be made within 30 days of the city council vote. F. If the city council grants the exemption, the exemption is valid for one year from the date of the city council's action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of section 6-72-8 until the applicant applies for and receives another exemption. G. If the city council denies the exemption, the applicant may not re-apply for an exemption until at least 12 months have elapsed since the date of the city council's action. H. The grant of an exemption does not exempt the applicant from any other provisions of this chapter and chapters 6-56, 9-24, 9-32, 9-88, 10-4 through 10-32, 12-64 and 12-68 other than the locational restrictions of section 6-72-8. (Code 1985, § 20-127; Ord. No. 4013, § 1, 1-15-1991)

Memphis Code of Ordinances § 6-72-10 Additional regulations for escort agencies.

Sec. 6-72-10. - Additional regulations for escort agencies. A. An escort agency permittee shall not employ, use or allow the services of any person under the age of 18 years in the operation of such establishment. B. A person commits an offense if he or she acts as an escort or agrees to act as an escort for any person under the age of 18 years. (Code 1985, § 20-128; Ord. No. 4013, § 1, 1-15-1991)

Memphis Code of Ordinances § 6-72-11 Additional regulations for nude model studios.

Sec. 6-72-11. - Additional regulations for nude model studios. A. A nude model studio shall not employ, use or allow the services of any person under the age of 18 years in the operation of such establishment. B. A person under the age of 18 years commits an offense if he or she appears in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 years was in a restroom not open to public view or persons of the opposite sex. C. A person commits an offense if he or she appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way. D. There shall be no bed, sofa or mattress in any room on the premises of a nude model studio except that a sofa may be placed in a reception room open to the public. (Code 1985, § 20-129; Ord. No. 4013, § 1, 1-15-1991)

Memphis Code of Ordinances § 6-72-12 Additional regulations for adult theaters and adult motion picture theaters.

Sec. 6-72-12. - Additional regulations for adult theaters and adult motion picture theaters. A. The requirement and provisions of other sections of this chapter remain applicable to adult theaters and adult motion picture theaters. B. A person commits an offense if he or she knowingly allows a person under the age of 18 years to appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater. C. A person under the age of 18 years commits an offense if he or she knowingly appears in a state of nudity in or on the premises of an adult theater or adult motion picture theater. D. It is a defense to prosecution under subsections B and C of this section if the person under 18 years was in a restroom not open to public view or persons of the opposite sex. (Code 1985, § 20-130; Ord. No. 4013, § 1, 1-15-1991)

Memphis Code of Ordinances § 6-72-13 Additional regulations for adult motels.

Sec. 6-72-13. - Additional regulations for adult motels. Evidence that a sleeping room in a hotel, motel or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this chapter. (Code 1985, § 20-131; Ord. No. 4013, § 1, 1-15-1991)

Memphis Code of Ordinances § 6-72-14 Regulations pertaining to exhibition of sexually explicit films or videos.

Sec. 6-72-14. - Regulations pertaining to exhibition of sexually explicit films or videos. A. A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, videocassette or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements: 1. Upon application for a sexually oriented business permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The director of police services may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared. 2. The application shall be sworn to be true and correct by the applicant. 3. No alteration in the configuration or location of a manager's station may be made without the prior approval of the director of police services or his or her designee. 4. It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises. 5. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subdivision must be by direct sight from the manager's station. 6. It shall be the duty of the owners and operators, and it shall also be the duty of any agents, employees and independent contractors employed at the premises present in the premises to ensure that the view area specified in subsection (A)(5) of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection A of this section. 7. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level. 8. It shall be the duty of the owners and operators and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises. B. A person having a duty under subsections (A)(1) through (8) of this section commits an offense if he or she fails to fulfill that duty. (Code 1985, § 20-132; Ord. No. 4013, § 1, 1-15-1991)

Memphis Code of Ordinances § 6-72-15 Display of sexually explicit material to minors.

Sec. 6-72-15. - Display of sexually explicit material to minors. A. A person commits an offense if, in a business establishment open to persons under the age of 18 years, he or she displays a book, pamphlet, newspaper, magazine, film or videocassette, the cover of which depicts, in a manner calculated to arouse sexual lust or passion for commercial gain or to exploit sexual lust or perversion for commercial gain, any of the following: 1. Human sexual intercourse, masturbation or sodomy; 2. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts; 3. Less than completely and opaquely covered human genitals, buttocks, or that portion of the female breast below the top of the areola; or 4. Human male genitals in a discernibly turgid state, whether covered or uncovered. B. In this section "display" means to locate an item in such a manner that, without obtaining assistance from an employee of the business establishment: 1. It is available to the general public for handling and inspection; or 2. The cover or outside packaging on the item is visible to members of the general public. (Code 1985, § 20-133; Ord. No. 4013, § 1, 1-15-1991)

Memphis Code of Ordinances § 6-72-16 Enforcement.

Sec. 6-72-16. - Enforcement. A. Except as provided by subsection B of this section, any person violating section 6-72-8 of this chapter, upon conviction, is punishable by a fine not to exceed $50.00 per day per violation. It shall be the duty of the director of police services to enforce the provisions of this chapter. This chapter may also be enforced by injunctive relief through a court of competent jurisdiction. B. If the sexually oriented business involved is a nude studio or sexual encounter center, then violation of section 6-72-8 of this chapter is punishable as a misdemeanor. C. Except as provided by subsection B of this section, any person violating a provision of this chapter other than section 6-72-8, upon conviction, is punishable by a fine not to exceed $50.00 per day per violation, in accordance with section 1-24-1. D. It is a defense to prosecution under section 6-72-4(A), 6-72-8 or 6-72-11(D) that a person appearing in a state of nudity did so in a modeling class operated: 1. By a school licensed by the State of Tennessee; a college, community 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, community college, or university supported entirely or partly by taxation; or 3. In a structure: a. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and b. Where in order to participate in a class a student must enroll at least three days in advance of the class; and c. Where no more than one nude model is on the premises at any one time. E. It is a defense to prosecution under section 6-72-4(A) or section 6-72-8 that each item of descriptive, printed, film or video material offered for sale or rental, taken as whole, contains serious literary, artistic, political or scientific value. F. No alcohol permit may be issued for any sexually oriented business premises within the proscribed areas of section 6-72-8. (Code 1985, § 20-134; Ord. No. 4013, § 1, 1-15-1991)

Memphis Code of Ordinances § 6-72-17 Injunction.

Sec. 6-72-17. - Injunction. A person who operates or causes to be operated a sexually oriented business without a valid permit or in violation of section 6-72-8 of this chapter is subject to a suit for injunction as well as prosecution for criminal violation. (Code 1985, § 20-135; Ord. No. 4013, § 1, 1-15-1991)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT6BULIRE_CH6-72SEORBUFetched: 10/28/2026