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ORDINANCE NO.2006-3-3 <br /> AN ORDINANCE FOR THE REGULATION OF SEXUALLY ORIENTED BUSINESSES <br /> WITHIN THE CITY OF BATESVILLE, ARKANSAS. <br /> WHEREAS, there are currently no regulations governing sexually oriented <br /> businesses within the City, and <br /> WHEREAS, the City desires to regulate sexually oriented businesses to promote <br /> the health, safety and general welfare of its citizens and to establish reasonable and <br /> uniform regulations to prevent the concentration of sexually oriented businesses within <br /> the City, and <br /> WHEREAS, the provisions of this ordinance have neither the purpose nor effect <br /> of imposing a limitation or restriction on the content of any communicative materials, <br /> including sexually oriented materials nor is it the intent or effect of this ordinance to <br /> restrict or deny access by adults to sexually oriented materials protected by the First <br /> Amendment, or to deny access by the distributors and exhibitors of sexually oriented <br /> entertainment to their intended market, unless otherwise restricted by law, and <br /> WHEREAS, these provisions shall hereby govern sexually oriented businesses. <br /> NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF <br /> BATESVILLE, ARKANSAS; <br /> ARTICLE I. Definitions. <br /> Adult arcade means any place to which the public is permitted or invited wherein coin- <br /> operated or slug-operated or electronically, electrically, or mechanically controlled still or <br /> motion picture machines, projectors, or other image-producing devices are maintained <br /> to show images to five (5) or fewer persons per machine at any one time, and where the <br /> images so displayed are distinguished or characterized by the depicting or describing of <br /> specified sexual activities or specified anatomical areas. <br /> Adult bookstore or adult video store means a commercial establishment that, as its <br /> principal business purpose, offers for sale or rental for any form of consideration any <br /> one (1) or more of the following: <br /> (1) Books, magazines, periodicals or other printed matter, or photographs, films, <br /> motion picture, video cassettes or video reproductions, slides, or other visual <br /> representations that depict or describe specified sexual activities or specified <br /> anatomical areas; or <br /> (2) Instruments, devices, or paraphernalia that are designed for use in <br /> connection with specified sexual activities. <br />