BUSINESS, PEDDLERS, SOLICITORS, ETC.¹

CHAPTER

MISCELLANEOUS.
PEDDLERS, ETC.
CHARITABLE SOLICITORS.
TAXICABS.
POOL ROOMS.
CABLE TELEVISION.
GARAGE AND YARD SALES.
ROADBLOCKS FOR SOLICITATION.
SEXUALLY ORIENTED ADULT BUSINESSES.

CHAPTER 1

MISCELLANEOUS SECTION 9-101. "Going out of business" sales. 9-102. Minors not permitted to play certain amusement machines.

9-101. "Going out of business" sales. It shall be unlawful for any person falsely to represent a sale as being a "going out of business" sale. A "going out of business" sale, for the purposes of this section, shall be a "fire sale," "bankrupt sale," "loss of lease sale," or any other sale made in anticipation of the termination of a business at its present location. When any person after advertising a "going out of business" sale adds to his stock or fails to go out of business within ninety (90)

¹Municipal code references Building, plumbing, wiring and housing regulations: title 12. Junkyards: title 13. Liquor and beer regulations: title 8. Noise reductions: title 11. Zoning: title 14.

days, he shall prima facie be deemed to have violated this section. (1982 Code, § 5-101)

9-102. Minors not permitted to play certain amusement machines. No owner, operator, manager, or person in charge of any restaurant, cafe, filling station, beer tavern, hotel, motel, drugstore, or any other store, establishment, place of business, or otherwise, shall allow any person under the age of eighteen (18) years to play or operate any game of miniature football, golf, baseball, pinball machine, or any other miniature game, whether made playable by a mechanical device or otherwise, or whether the charge for playing is collected by mechanical device. It shall be the exclusive duty of the owner, operator, manager, or person in charge of any place to ascertain or determine the age of any such player, and ignorance of the age or misinformation relative thereto shall not excuse any such owner, operator, manager, or person in charge. (1982 Code, § 5-102)

CHAPTER 2

PEDDLERS, ETC.¹

SECTION

9-201. Permit required.
9-202. Exemptions.
9-203. Application for permit.
9-204. Issuance or refusal of permit.
9-205. Appeal.
9-206. Bond.
9-207. Loud noises and speaking devices.
9-208. Use of streets.
9-209. Exhibition of permit.
9-210. Policemen to enforce.
9-211. Revocation or suspension of permit.
9-212. Reapplication.
9-213. Expiration and renewal of permit.
9-214. Violation and penalty.

9-201. Permit required. It shall be unlawful for any peddler, canvasser, solicitor, or transient merchant to ply his trade within the corporate limits without first obtaining a permit in compliance with the provisions of this chapter. No permit shall be used at any time by any person other than the one to whom it is issued. (1982 Code, § 5-201)

9-202. Exemptions. The terms of this chapter shall not be applicable to persons selling at wholesale to dealers, nor to newsboys, nor to bona fide merchants who merely deliver goods in the regular course of business, nor to bona fide charitable, religious, patriotic, or philanthropic organizations, nor to persons selling agricultural products, who, in fact, themselves produced the products being sold. (1982 Code, § 5-202)

9-203. Application for permit. Applicants for a permit under this chapter must file with the city recorder a sworn written application containing the following:

(1) Name and physical description of applicant.

¹Municipal code references
Privilege taxes: title 5.

(2): Complete permanent home address and local address of the applicant and, in the case of transient merchants, the local address from which proposed sales will be made.
(3): A brief description of the nature of the business and the goods to be sold.
(6): A recent clear photograph approximately two (2) inches square showing the head and shoulders of the applicant.
(7): The names of at least two (2) reputable local property owners who will certify as to the applicant's good moral reputation and business responsibility, or in lieu of the names of references, such other available evidence as will enable an investigator properly to evaluate the applicant's moral reputation and business responsibility.
(8): A statement as to whether or not the applicant has been convicted of any crime or misdemeanor or for violating any municipal ordinance, and, if so, the nature of the offense and the punishment or penalty assessed therefor.
(9): The last three (3) cities or towns, if that many, where applicant carried on business immediately preceding the date of application and, in the case of transient merchants, the addresses from which such business was conducted in those municipalities.
(2): If as a result of such investigation the chief reports the applicant's moral reputation and/or business responsibility to be unsatisfactory, the city recorder shall notify the applicant that his application is disapproved and that no permit will be issued.
(3): If, on the other hand, the chief's report indicates that the moral reputation and business responsibility of the applicant are satisfactory, the city recorder shall issue a permit upon the payment of all applicable privilege taxes and the filing of the bond required by § 9-206. The city recorder shall keep a permanent record of all permits issued. (1982 Code, § 5-204)

9-205. Appeal. Any person aggrieved by the action of the chief of police and/or the city recorder in the denial of a permit shall have the right to appeal to the board of mayor and aldermen. Such appeal shall be taken by filing with the mayor within fourteen (14) days after notice of the action complained of, a written statement setting forth fully the grounds for the appeal. The mayor shall set a time and place for a hearing on such appeal and notice of the time and place of such hearing shall be given to the appellant. The notice shall be in writing and shall be mailed, postage prepaid, to the applicant at his last known address at least five (5) days prior to the date set for hearing, or shall be delivered by a police officer in the same manner as a summons at least three (3) days prior to the date set for hearing.

(1982 Code, § 5-205)

9-206. Bond. Every permittee shall file with the city recorder a corporate surety or cash bond running to the municipality in the amount of one thousand dollars ($1,000.00). The bond shall be conditioned that the permittee shall comply fully with all the provisions of the ordinances of the City of McMinnville and the statutes of the state regulating peddlers, canvassers, solicitors, transient merchants, itinerant merchants, or itinerant vendors, as the case may be and shall guarantee to any resident of the municipality that all money paid as a down payment will be accounted for and applied according to the representations of the permittee, and further guaranteeing to any resident of the municipality doing business with said permittee that the property purchased will be delivered according to the representations of the permittee. Action on such bond may be brought by any person aggrieved and for whose benefit, among others, the bond is given, but the surety may, by paying, pursuant to order of the court, the face amount of the bond to the clerk of the court in which the suit is commenced, be relieved without costs of all further liability. (1982 Code, § 5-206)

9-207. Loud noises and speaking devices. No permittee, nor any person in his behalf, shall shout, cry out, blow a horn, ring a bell, or use any sound amplifying device upon any of the sidewalks, streets, alleys, parks, or other public places of the municipality or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the adjacent sidewalks, streets, alleys, parks, or other public places, for the purpose of attracting attention to any goods, wares, or merchandise which such permittee proposes to sell. (1982 Code, § 5-207)

9-208. Use of streets. No permittee shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location thereon, nor shall any be permitted to operate in a congested area where the operation might impede or inconvenience the public use of the streets. For the purpose of this chapter, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested and the public impeded or inconvenienced. (1982 Code, § 5-208)

9-209. Exhibition of permit. Permittees are required to exhibit their permits at the request of any policeman or citizen. (1982 Code, § 5-209)

9-210. Policemen to enforce. It shall be the duty of all policemen to see that the provisions of this chapter are enforced. (1982 Code, § 5-210)

9-211. Revocation or suspension of permit. (1) Permits issued under the provisions of this chapter may be revoked by the board of mayor and aldermen after notice and hearing, for any of the following causes:

(d): Conducting the business of peddler, canvasser, solicitor, transient merchant, itinerant merchant, or itinerant vendor, as the case may be, in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.

(2): Notice of the hearing for revocation of a permit shall be given by the city recorder in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed to the permittee at his last known address at least five (5) days prior to the date set for hearing or it shall be delivered by a police officer in the same manner as a summons at least three (3) days prior to the date set for hearing,
(3): When it is reasonably necessary in the public interest, the mayor may suspend a permit pending the revocation hearing. (1982 Code, § 5-211)

9-212. Reapplication. No permittee whose permit has been revoked shall make further application until a period of at least six (6) months has elapsed since the last revocation. (1982 Code, § 5-212)

9-213. Expiration and renewal of permit. Permits issued under the provisions of this chapter shall expire on the same date that the permittee's privilege license expires and shall be renewed without cost if the permittee applies for and obtains a new privilege license within thirty (30) days thereafter. Permits issued to permittees who are not subject to a privilege tax shall be issued for one (1) year. An application for a renewal shall be made substantially in the same form as an original application. However, only so much of the application shall be completed as is necessary to reflect conditions which have changed since the last application was filed. (1982 Code, § 5-213)

9-214. Violation and penalty. Violations of any provisions of this chapter shall upon conviction be punished by a fine of not less than two and no/100 dollars ($2.00) nor more than fifty and no/100 dollars ($50.00) and in addition thereto shall pay all costs. Each separate day such violation is continued shall constitute a separate offense. (1982 Code, § 5-214)

CHAPTER 3

CHARITABLE SOLICITORS

SECTION

9-301. Permit required. 9-302. Prerequisites for a permit. 9-303. Denial of a permit. 9-304. Exhibition of permit. 9-305. Trespassing. 9-306. Violations.

9-301. Permit required. No person shall solicit contributions or anything else of value for any real or alleged charitable or religious purpose without a permit from the city recorder authorizing such solicitation. Provided, however, that this section shall not apply to any locally established organization or church operated exclusively for charitable or religious purposes if the solicitations are conducted exclusively among the members thereof, voluntarily and without remuneration for making such solicitations, or if the solicitations are in the form of collections or contributions at the regular assemblies of any such established organization or church. (1982 Code, § 5-301)

9-302. Prerequisites for a permit. The recorder shall upon application, issue a permit authorizing charitable or religious solicitations when, after a reasonable investigation, he finds the following facts to exist:

(1): The applicant has a good character and reputation for honesty and integrity, or if the applicant is not an individual person, that every member, managing officer, or agent of the applicant has a good character or reputation for honesty and integrity.
(2): The control and supervision of the solicitation will be under responsible and reliable persons.
(3): The applicant has not engaged in any fraudulent transaction or enterprise.
(4): The solicitation will not be a fraud on the public but will be for a bona fide charitable or religious purpose.
(5): The solicitation is prompted solely by a desire to finance the charitable cause described by the applicant. (1982 Code, § 5-302)

9-303. Denial of a permit. Any applicant for a permit to make charitable or religious solicitations may appeal to the board of mayor and aldermen if he has not been granted a permit within fifteen (15) days after he makes application therefor. (1982 Code, § 5-303)

9-304. Exhibition of permit. Any solicitor required by this chapter to have a permit shall exhibit such permit at the request of any policeman or person solicited. (1982 Code, § 5-304)

9-305. Trespassing. It shall be unlawful and deemed to be a trespass for any permittee acting under this chapter to fail to leave promptly the private premises of any person who requests or directs him to leave. (1982 Code, § 5-305)

9-306. Violations. Any person violating any provision of this chapter or making a false or fraudulent statement either in his application for a permit or in the process or making a solicitation shall be subject to the penalty provided for violations of this municipal code. In addition to or in lieu of any pecuniary penalty, if a violator has been issued a permit, his permit shall be cancelled and revoked by the court. (1982 Code, § 5-306)

CHAPTER 4

TAXICABS¹

SECTION

9-401. Liability insurance required.
9-402. Driver's permit required.
9-403. Application.
9-404. Not to issue to certain persons.
9-405. Fee.
9-406. Issuance; term.
9-407. To be kept on person; inspections.
9-408. Revocation.
9-409. Suspension.
9-410. Enforcement of chapter.

9-401. Liability insurance required. It shall be unlawful for any person to operate any taxicab within the corporate limits of the city unless the same is fully covered by public liability and property damage insurance in some reliable insurance company authorized to transact business in this state, protecting passengers, pedestrians, and other persons against injury, death, or property damage, with the following minimum limits: five thousand dollars ($5,000.00) for injury to any one person; ten thousand dollars ($10,000.00) for injury to more than one person on account of one accident; and five thousand dollars ($5,000.00) to secure against property damage which may be caused by the negligent operation of such taxicab.

No license to operate a taxicab shall be issued by the recorder unless the owner thereof files with the recorder a policy of insurance meeting the requirements of this section. (1982 Code, § 5-401)

9-402. Driver's permit required. It shall be unlawful for any person to drive a taxicab within the city without first obtaining a driver's permit from the recorder. (1982 Code, § 5-402)

¹Municipal code reference
Privilege taxes: title 5.

9-403. Application. An applicant for a permit under this chapter shall file a written application therefor upon such blanks as may be required by the recorder, to be signed and sworn to by the applicant. (1982 Code, § 5-403)

9-404. Not to issue to certain persons. (1) No person shall be eligible for a permit to drive a taxicab who shall have been convicted of any of the following offenses within twelve (12) months before filing application for the permit:

(a): Possession, transporting, or selling intoxicating liquor.
(b): Speeding or reckless driving of any motor vehicle.

(c) Drunkenness or driving a car while under the influence of an intoxicant.

(d) Any other offense involving moral turpitude.

(2) Any person who shall be found guilty of operating a taxicab without a driver's permit shall be prohibited from obtaining a permit for a period of six (6) months from the date of conviction. (1982 Code, § 5-404)

9-405. Fee. A fee of one dollar ($1.00) shall be paid to the recorder upon the filing of an application for a taxicab driver's permit, and a like fee will be paid for any renewal of such permit. (1982 Code, § 5-405)

9-406. Issuance; term. If an applicant for a permit under this chapter meets the requirements set out in this chapter, it shall be the duty of the recorder to issue a permit authorizing the applicant to drive a taxicab for a period of one year. (1982 Code, § 5-406)

9-407. To be kept on person; inspections. Each taxicab driver holding a driver's permit issued under this chapter shall at all times keep such permit on his person, subject to the inspection of any police officer upon request. Any such driver who shall fail or refuse to keep such permit on his person or refuse to exhibit it to any police officer upon request shall be guilty of a misdemeanor, and any such permit held by him shall be cancelled by the recorder. (1982 Code, § 5-407)

9-408. Revocation. A permit issued under this chapter shall be subject to revocation by the recorder upon conviction of the following offenses before any court having jurisdiction thereof:

(1): Possession, transportation, or selling intoxicating liquors.
(2): Public drunkenness or driving while drunk.
(3): Speeding or reckless driving.
(4): Any other offense involving moral turpitude. (1982 Code, § 5-408)

9-409. Suspension. The driver of any taxicab holding a permit under this chapter who is found guilty of any willful traffic violation not set out in § 9-408 may have his permit suspended temporarily, or for a definite period, in the discretion of the recorder. (1982 Code, § 5-409)

9-410. Enforcement of chapter. The recorder is hereby vested with the full power and authority to enforce and carry out the provisions of this chapter. (1982 Code, § 5-410)

CHAPTER 5

POOL ROOMS¹

SECTION

9-501. Employment of or loitering by minors. 9-502. Minors playing pool. 9-503. Disorderly conduct prohibited. 9-504. Violations.

9-501. Employment of or loitering by minors. It shall be unlawful for any person under the age of eighteen (18) years to be employed in, about, or upon the premises of a pool or billiard room, or to loiter about such establishments. (1982 Code, § 5-502)

9-502. Minors playing pool. Any person under the age of eighteen (18) years may be permitted to play pool or billiards in a pool or billiard room under the following condition only: Such person must file with the operator of such games a valid permit signed by his parent, guardian, or legal agent permitting him in such establishment and to play at such game. (1982 Code, § 5-503)

9-503. Disorderly conduct prohibited. It shall be unlawful for any owner, manager, or proprietor of any place where the business of running a pool or billiard table or tables is conducted to permit or allow any carousing, drunkenness, brawling, or disorderly conduct therein. (1982 Code, § 5-504)

9-504. Violations. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. (1982 Code, § 5-506)

¹Municipal code reference
Privilege taxes: title 5.

CHAPTER 6

CABLE TELEVISION

SECTION

9-601. To be furnished under franchise.

9-601. To be furnished under franchise. Cable television shall be furnished to the City of McMinnville and its inhabitants under franchise granted to National TV Cable Company by the board of mayor and aldermen of the City of McMinnville, Tennessee. The rights, powers, duties and obligations of the City of McMinnville and its inhabitants are clearly stated in the franchise agreement executed by, and which shall be binding upon the parties concerned.¹ (1982 Code, § 13-601)

¹For complete details relating to the cable television franchise agreement see Ord. #712, July 2, 1984; Ord. #712A, Nov. 19, 1984; Ord. #1189, Feb. 20, 1996; Ord. #1319, April 5, 1999; Ord. #1325, June 21, 1999; and Ord. #1326, July 19, 1999 in the office of the city recorder.

CHAPTER 7

GARAGE AND YARD SALES

SECTION

9-701. Purpose.
9-702. Definition.
9-703. Permit required.
9-704. Permit fee.
9-705. Application for permit.
9-706. Duration of the permit.
9-707. Number of permits limited.
9-708. Enforcement.

9-701. Purpose. The purpose of this chapter is to regulate the conduct of garage sales or yard sales in the City of McMinnville so that legitimate private yard sales may be conducted in an orderly fashion. (1982 Code, § 5-701)

9-702. Definition. Garage sales or yard sales are defined as occasional sales of used household goods which have not been purchased for the purpose of resale, and which are owned by the person on whose property the sale is conducted. (1982 Code, § 5-702)

9-703. Permit required. No person, firm, or corporation shall conduct a garage or yard sale within the corporate boundaries of McMinnville without first obtaining a permit for such sale from the building inspector. (1982 Code, § 5-703)

9-704. Permit fee. The cost of a permit for a garage or yard sale shall be five dollars ($5.00). (1982 Code, § 5-704)

9-705. Application for permit. When applying for a permit, the applicant shall give the site and dates of the sale, general description of items to be sold, and the names of the persons doing the selling. The applicant must also certify that he has not conducted such a sale within the previous six (6) month period. (1982 Code, § 5-705)

9-706. Duration of the permit. The permit shall state on it the dates on which the garage or yard sale is to be held, and the maximum duration of such sales shall be three (3) consecutive days. (1982 Code, § 5-706)

9-707. Number of permits limited. Only one (1) permit for the conduct of a garage or yard sale shall be issued for the same location within a six (6) month period. (1982 Code, § 5-707)

9-708. Enforcement. It shall be the duty and responsibility of the building inspector to enforce and administer the provisions of this chapter. (1982 Code, § 5-708)

CHAPTER 8

ROADBLOCKS FOR SOLICITATION

SECTION

9-801. Permit required.
9-802. Issuance of permit.
9-803. Application for permit.
9-804. Solicitation at certain intersections prohibited.
9-805. Responsibilities of applicant.
9-806. Grandfather clause.

9-801. Permit required. No person shall solicit contributions on the public streets without first obtaining a permit from the city recorder. The city recorder shall issue permits only to organizations that have a current exemption certificate from the Internal Revenue Service issued under Section 501(c)(3) of the Internal Revenue Code of 1954, as amended, or which qualify as a nonprofit tax-exempt organization under the laws of the State of Tennessee or similar laws of another state. The total number of solicitations per month by different organizations shall be limited to 2 per month which shall be the first and third week of each month. The second and fourth or fifth week may be used as alternate times if weather conditions prevent the use of the first and third weeks. In all cases national organizations shall receive preference to provide for solicitations on their recognized national collection dates. (Ord. #1207, § 1, Aug. 1996)

9-802. Issuance of permit. The city recorder shall issue a permit upon his or her finding that:

(1): All the statements made in the application for a permit are true.
(2): The solicitation will not be a fraud upon the public.
(3): The solicitation is not being conducted for private profit.

(4) No person or organization shall be issued more than one (1) street solicitation permit in any one calendar year unless the solicitation is canceled prior to

10:00 a.m. of the date originally scheduled for solicitation due to weather and the city recorder and/or the city administrator and/or the mayor is notified of the cancellation before 12:00 noon if city hall is open and by 10:00 a.m. on the first day of business if city hall is closed.

(10): days prior to the date on which the solicitation is to occur. The application shall include the following information:
(1): The name, address and headquarters of the organization applying for the permit, and the name and address of the agent of the organization actually making application for the permit.
(2): A copy of a resolution, letter, or other document showing on its face that the solicitation has been authorized by the organization, and that the agent of the organization applying for the permit is authorized to make the application for the permit.
(7): Any other information reasonably required by the city recorder to insure that the applicant for the permit complies with the provisions of this chapter.

(8) Permits issued under this chapter shall be in substantially the following

form: STREET SOLICITATION PERMIT

Permit Number: _________________

Date:___________________________

The ____________________________________________(name of organization), is hereby authorized to solicit under the provision of Ordinance No.____________, adopted on ___________ day of _____________, 1996, on the following date:

_______ day of ___________________________, 199_____.

THE ISSUANCE OF THIS PERMIT DOES NOT CONSTITUTE AN ENDORSEMENT BY THE CITY OF MCMINNVILLE OR BY ANY OF ITS DEPARTMENTS, OFFICERS OR EMPLOYEES OF THE PURPOSE OR PERSONS CONDUCTING THIS SOLICITATION.

______________________________

City Recorder

______________________________

Agent of Soliciting Organization

(9) Appeal or denial of permit. Within five (5) days after receiving notification by registered mail that an organization's application for a permit has been denied, the authorized agent of the organization may file a written request for a public hearing on the denial before the board of mayor and aldermen. Upon the filing of an appeal, the board of mayor and aldermen shall fix a time and a place for the hearing. The hearing shall be held within ten (10) days after the request is filed.

At the hearing, the agent of the organization, or any other interested person, may present evidence in support of or against the application. Within ten (10) days after the hearing, the board of mayor and aldermen shall either grant or deny the permit. A copy of the board's decision shall be sent by registered mail to the agent of the organization which made application for the permit.

(10) Permit fee. There shall be a permit application fee of ten dollars ($10.00). (Ord. #1207, § 3, Aug. 1996)

9-804. Solicitation at certain intersections prohibited. Solicitation at the following intersections shall not be permitted:

(1): Cadillac Lane at Sparta Hwy.
(2): 70 Bypass and crossover from 3 Star Mall area
(3): Red Road and 70 Bypass
(4): Spring Street/Faulkners Springs Road and 70 Bypass
(5): Mullican Street and 70 Bypass
(6): New Smithville Hwy. (Hwy. 56) and 70 Bypass

(1): In no event stand in the intersection itself, but only on or along the highway and roads that feed into the intersection on the portion of the highway and roads immediately outside the intersection.
(2): There shall be one person 18 years of age or older at each solicitation area.
(3): A copy of this chapter shall be presented to each organization receiving the permit. (Ord. #1207, § 5, Aug. 1996)

9-806. Grandfather clause. All organizations which have notified the city recorder's office and/or have been approved by the board of mayor and aldermen to hold a solicitation on city streets on the effective date of this chapter shall be grandfathered in for the time period through December 31, 1996, and are not required to reapply. (Ord. #1207, § 6, Aug. 1996)

CHAPTER 9

SEXUALLY ORIENTED ADULT BUSINESSES1

SECTION

9-901. Regulation of sexually oriented adult businesses.
9-902. Definitions.
9-903. Specified criminal activity by operators, employees, entertainers and

others. 9-904. Location restrictions. 9-905. Measurement.

9-901. Regulation of sexually oriented adult businesses.

(1) Purpose. In the development and execution of this section, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterioius effect upon the use and enjoyment of adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area. Uses subject to these controls are as follows:

Adults-only bookstores
Adult cabaret
Adult entertaining centers
Adults-only motion picture theaters
Adult motel
Massage parlors
Rap parlors

¹If any provision of this ordinance, or its application to any person or circumstances, shall be held invalid, the remainder of the ordinance, or the application of the provisions to other persons or circumstances shall not be affected.

Saunas (Ord. #1320, April 1999)

9-902. Definitions. Whenever used in this city code, the following words or phrases shall have the meanings ascribed to them:

(1): "Adults-only bookstores." An establishment having as a substantial or significant portion of its stock in trade, books, magazine, films for sale or viewing on premises by use of motion picture devices or other coin-operated means, and other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to nudity, sexual conduct, sexual excitement or sadomasochistic abuse, as defined below, or an establishment with a segment or section devoted to the sale or display of such material, for sale to patrons therein.
(3): "Adult entertainment center." An enclosed building or part of an enclosed building, no portion of which enclosed building is licensed to sell liquor, which contains one or more coin-operated mechanisms which when activated permit a customer to view a live person unclothed or in such attire, costume, or clothing as to expose to view any portion of the female breast below the top of the areola, or any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals, or the charging of any admission or fee for the reviewing of any such activity.
(4): "Adults-only motion picture theaters." An enclosed building used for presenting films, distinguished or characterized by an emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Anatomical Areas" for observation by patrons therein.
(6): "Massage parlor." An establishment or place primarily in the business of providing massage or tanning services for purposes of sexual stimulation or where one or more of the employees exposes to public view of the patrons within said establishment, at any time, "specified anatomical areas."
(7): "Nudity." The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernably turgid state.
(8): "Rap parlor." An establishment or place primarily in the business of providing nonprofessional conversation or similar services for adults.
(10): "Sexual conduct." Acts of masturbation, homosexuality, sexual intercourse, or physical contact with a persons' unclothed genitals, pubic area, buttocks, or, if such person be a female, her breast.
(11): "Sexual excitement." The condition of human male or female genitals when in a state of sexual stimulation or arousal.
(12): "Sadomasochistic abuse." Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed.

provided further that the fact that a conviction is being appealed shall have no effect whatsoever on the provisions of this article.

(14) "Specified sexual activities" or "Anatomical areas," for observation by patrons therein. "Specified sexual activities" or "anatomical areas" for the purpose of this chapter are defined as follows:

(a): Human genitals in a state of sexual stimulation or arousal;
(b): Acts of human masturbation, sexual intercourse or sodomy;

(c) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast. And "Specified Anatomical Areas" as defined:

(C): Female breast below a point immediately above the top of the areola. (Ord. #1320, April 1999)

9-903. Specified criminal activity by operators, employees, entertainers and others. (1) No person may own or operate a sexually oriented business within the city if:

(a): He/she has a record of "specified criminal activity," as defined in this article, if the owner or operator is an individual.
(b): Any officer, director, partner or other individual having at least 10% direct or beneficial financial interest in the operator has a record of "specified criminal activity," as defined in this article, to work on the premises of the business.

(2): No operator of a sexually oriented business may allow any employee who has a record of "specified criminal activity," as defined in this article, to work on the premises of the business.
(3): No operator of a sexually oriented business may allow any entertainer who has a record of "specified criminal activity," as defined in this article, to perform on the premises of the business.
(4): No operator or employee of a sexually oriented business may knowingly allow any "specified criminal activity" to occur on the premises of the business.
(5): No operator or employee of a sexually oriented business may allow any patron or customer who has carried out any "specified criminal activity" on the premises of the business to reenter the premises.
(6): The police department may at any time investigate the criminal record of any person who owns or will own at least ten percent (10%) direct or beneficial interest in the business or of any employee of a sexually oriented business or any entertainer performing at a sexually oriented business. (Ord. #1320, April 1999)

9-904. Location restrictions. (1) No adults-only bookstore, adult cabaret, adults-only motion picture theater, adult entertainment center, adult-motel, massage parlor, rap parlor, or sauna shall be operated or maintained except within the C-3 Highway Commercial District and the I-1 Light Industrial District.

(2) All regulated uses: No adults-only bookstore, adult cabaret, adults-only motion picture theater, adult entertainment center, adult-motel, massage parlor, rap parlor, or sauna shall be operated or maintained within seven hundred fifty (750) feet of a residentially zoned district, the property line of a lot devoted to residential use, a church, a state-licensed day care facility, public library, or private public educational facilities which serve persons age seventeen (17) or younger, an elementary school, a high school, funeral parlor/home, a public park, a business licensed or permitted to sell beer or intoxicating liquors as defined in Title 8 of the McMinnville Municipal Code, or another adults-only bookstore, adult cabaret, adult entertainment center, adults-only motion picture theater, adult motel, massage parlor, rap parlor, or sauna. (Ord. #1320, April 1999)

9-905 Measurement. The distance limitations in subsection 9-904 shall be measured in a straight line from and to the nearest lot lines of said premises.¹ (Ord. #1320, April 1999)

¹If any provision of this chapter, or its application to any person or circumstances, shall be held invalid, the remainder of the chapter, or the application of the provision to other persons or circumstances, shall not be affected.

BUSINESS, PEDDLERS, SOLICITORS, ETC.1

CHAPTER 1

PEDDLERS, ETC.1

CHARITABLE SOLICITORS

TAXICABS1

POOL ROOMS1

CABLE TELEVISION

GARAGE AND YARD SALES

ROADBLOCKS FOR SOLICITATION

SEXUALLY ORIENTED ADULT BUSINESSES1

9-901. Regulation of sexually oriented adult businesses.

BUSINESS, PEDDLERS, SOLICITORS, ETC.¹

PEDDLERS, ETC.¹

TAXICABS¹

POOL ROOMS¹