WASHINGTON COUNTY, ARKANSAS
SEXUALLY ORIENTED BUSINESS APPLICATION FORM
Name of Business: ___________________________________________________________________________
Applicant:______________________________________________________________Phone:________________
Address:_______________________________________________________________Fax #:_________________
I certify under perjury that the following statements and answers herein made and all data, information, and evidence herewith submitted are, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of this application. I understand that the County might not approve what I am applying for, or might set conditions on approval.
Signature of Applicant or Representative________________________________________________Date:_________
Property Owner:________________________________________________________Phone:_________________
Address:_______________________________________________________________Fax #:_________________
I certify under penalty of perjury that I am the owner of the property that is the subject of this application or I am the owner's authorized agent and I have read all of this application and consent to its filing.
Signature of Property Owner or Agent:________________________________________________Date:__________
To whom should the County send correspondence? (List names and addresses)
Property Information:
Section:___________, Township:____________, Range:_____________
Tax Parcel Numbers:____________________ ______________________ _______________________
Planning Area:_____________ School District: ______________ Quorum Court District:______________
Road Information:
U.S., State, or County road # giving access to property: ___________________________
Road surface (asphalt, chip & seal, gravel or unimproved):
Right of way width :
Utility Information:
(Check box if utility has existing lines on or fronting the property and write the name of the company.)
Water company name:________________ Electric company name:_________________
Gas company name:__________________ Telephone company name :______________
Cable company name:________________ Sewer System / Septic:__________________
Total Acreage of Property: _____ Proposed Use of the Property:________________________
WASHINGTON COUNTY, ARKANSAS
SEXUALLY ORIENTED BUSINESSES CHECKLIST
Definition of a sexually oriented business (Sec. 2.9-22,23)
Sexually oriented businesses are classified as follows (please check the following as it
applies):
_________ 1. Adult arcade
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled image producing devices are maintained to show images to five (5) or fewer viewers at one time, and where images are so displayed.
_________ 2. Adult bookstores and adult video stores
A commercial establishment whose principal business purpose is to offer for sale or rental for any form of consideration any one or more of the following:
Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, or video reproductions, slides or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas".
_________ 3. Adult cabaret
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 exposing of "specified sexual activities or "specified anatomical areas"
3. Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction of "specified sexual activities" or "specified anatomical areas"
_________ 4. Adult motion picture theater
A commercial establishment where, for any form of consideration, films
motion pictures, video cassettes, slides, or similar photographic reproductions are
regularly shown, excluding those which are rated by the Motion Picture Association of
America, which emphasize "specified sexual activities".
_________ 5. Adult theaters.
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 sexual
activities" or "specified anatomical areas".
For Planning Staff Use Only:
Location (Sec 2.9-24)
Please check next to the following if they should apply:
1. No sexually oriented business may be operated within five hundred (500) feet of:
a. A church _________
b. A public or private elementary, secondary or post-secondary school, pre-school, or child care facility _________
c. A public park _________
2. No sexually oriented business may be operated:
a. Within two hundred (200) feet of a boundary of a residential use, public hotel or motel _________
b. Within four hundred (400) feet of a residential area or any residential use as measured by automobile travel distance from the exit of a sexually oriented business property to the property line of the residential area or use. _________
3. No sexually oriented business may be operated within one thousand
(1,000) feet of another sexually oriented business or within two hundred (200) feet of any
room, building, premises, place or establishment that sells or dispenses alcohol or beer.
_________
4. For the purposes of subsection (1), 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 part of the premises where 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 residential lot.
_________
Penalties (Sec. 2.9-25)
(a) Any person operating or causing to be operated any sexually oriented business in violation of any part of this article, upon conviction, is punishable by a fine not to exceed five hundred dollars ($500.00).
(b) If the violation is, in its nature, continuous in respect to time, the penalty for allowing the continuance thereof is a fine not to exceed two hundred fifty dollars ($250.00) for each day that the same is unlawfully continued.
(c) A person who operates or causes to be operated a sexually oriented business in violation of this Article shall be subject to a suit for injunction as well as prosecution for criminal violations. (Ord. No. 98-5, Art. 5, 2-12-98)
Exceptions to restrictions on location (Sec. 2.9-26)
A lawfully operating sexually oriented business shall not be rendered illegal by the subsequent location of a church, a public or private school, a pre-school, a child care facility, a public park, residential area, or residential uses. (Ord. No. 98-5, Art. 6, 2-12-98)