Local officials are saying that sexually oriented businesses have a place in the community: near the garbage dump in South Jordan, by the sewage treatment plant in Sandy, in the industrial zones in West Valley City. . . .
The Supreme Court has said that cities cannot outlaw such businesses, but recent opinions have enhanced the ability of local communities to regulate such businesses through zoning, and that law is being widely applied.Every city in Salt Lake County has adopted or is planning to adopt strict new zoning ordinances to keep adult-only businesses as far away as possible from their residential and prime commercial districts.
Sexually oriented businesses include adult theaters and book and video stores, escort services, nude and seminude dancing, and outcall services - services performed outside the licensed business.
"We can't prohibit those businesses entirely, but we can regulate their activities and locations," said South Jordan Assistant Administrator Tony Murphy after the City Council adopted an ordinance this week restricting sexually oriented establishments to an area next to the Trans-Jordan Landfill along U-111.
South Jordan has no sexually oriented businesses, and local officials say they would like to keep it that way. The City Council acted now, Murphy said, to be prepared.
Sandy, which also has no adults-only businesses, adopted its ordinance about three months ago for the same reason.
"We anticipated that they (sexually oriented businesses) would be making application, and we wanted to be ready," Sandy Mayor Larry Smith said.
Sandy's ordinance prohibits such businesses from locating close to schools, libraries, churches or other establishments frequented by minors. It also prohibits the businesses from locating near each other.
"They are restricted to as small a part of our city as we thought we could legally do," Smith said.
Other cities have adopted the same attitude - and similar ordinances - which in some cases has driven sexually oriented businesses to cities that have not yet acted to restrict them.
Seeking a less-restrictive climate, eight adults-only establishments recently applied for licenses in West Valley City, and five actually opened for business.
"As soon as other cities and the county began to pass these kinds of ordinances, the sexually oriented businesses began moving into the cities that didn't have them," said Gary R. Crane, West Valley assistant city attorney. "West Valley had a rush of applications."
But the climate is changing in Utah's second-largest city. The City Council has ordered its legal staff to prepare a restrictive zoning ordinance and new license regulations.
A draft ordinance pending before the West Valley Planning Commission would establish setbacks similar to Sandy's as well as prohibit sexually oriented businesses from congregating at one location. Crane said the intent is to keep them away from minors and prevent a red-light district.
In West Valley, the businesses would be permitted in manufacturing zones north of 2700 South and west of 5600 West. None would be permitted along Redwood Road or 3500 South, "where people actually traverse," Crane said.
A restrictive business licensing ordinance is pending before the West Valley City Council. Crane said, "I think West Valley finds that it's in the best interest of its citizens to be at least as restrictive as other cities in the valley without being unfair."
Murray has a comprehensive ordinance covering sexually oriented businesses, and no sexually oriented businesses.
"The only one that I can think would be construed as a sexually oriented business in Murray would be the French Lady's Boutique (a lingerie shop) and only because the owners prohibit children from going into the store," said Murray Mayor Lynn Pett.
Several years ago City Attorney Craig Hall and then-Mayor LaVar McMillian asked merchants to voluntarily remove adult sexually oriented books or magazines from their merchandise. Hall said most did.
Two years ago Midvale Mayor Everett Dahl overheard some people standing on the front lawn of City Hall asking the city treasurer how they could get a business license to begin an erotic escort service in Midvale.
"I said, `no way,' and just walked away," he said.
That incident prompted the mayor to get the council busy on a 20-page business ordinance, which mandates that such businesses be located in a C-3 (heavy commercial) or an industrial zone - next to garages, service stations, heavy industry.
"It's the only way you can get around the thing," he said.
It apparently did the trick. Dahl said there are no sexually oriented businesses in Midvale. He said if he had his way, any sexually oriented business would be located at the Sharon Steel site.
When the U.S. Supreme Court gave states and local governments the authority to ban totally nude dancing, the South Salt Lake City Council in June geared up to do just that.
That decision has been put on hold while the city attorney drafts an even stricter ordinance governing that and related businesses.
South Salt Lake - home of several sexually oriented businesses - for years has enforced the most stringent of laws allowable governing nude dancing.
Davis said businesses that permit nude dancing are classified as "sexually oriented" and are governed by a city ordinance patterned after both Salt Lake County's and Salt Lake City's ordinances.
The ordinance allows the hiring of a person to appear totally nude, provided it is done for artistic modeling purposes. The paying customer must never touch the nude person. No one under age 18 can be allowed to see the nude person. The nude person must stay at least 5 feet from all people.
Female dancers in places that serve alcohol still must wear small coverings but they can perform nude if alcohol isn't served.
South Salt Lake has two nude dance emporiums - Paradise Modeling and the American Bush. Attorneys for both vow to fight any action by the South Salt Lake City Council.
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Sandy locations
Sandy's strict ordinance, typical of those being passed by other cities, states that sexually oriented businesses cannot be located within:
- 1,000 feet of any school, public park, library or religious or cultural activity.
- 500 feet of any other sexually oriented business.
- 600 feet of an agricultural or residential zone.
- 150 feet of the 90000 South "gateway" - from the west city boundary to State Street.
The ordinance prohibits outcall services, nude and semi-nude dancing agencies from being "home occupations." Additionally, it states that signs advertising the businesses may not be animated. Banners and lights, designed to draw attention to the business location, are also off-limits.