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• <br /> CHAPTER V - EXISTING LOCAL REGULATIONS <br /> ATIONS <br /> The category of uses generally referred to as "adult entertainments" is not <br /> specifically addressed in existing Rochester Ordinances. There is no <br /> definition of the term contained in either the Zoning Code or the compiled <br /> Rochester Code or Ordinances (RCO) . <br /> The Zoning Code does incidentally regulate certain types of uses which could <br /> be regarded as "adult entertainments". These uses are regulated not because <br /> they are considered to be adult entertainment, but rather because they fall <br /> into the broad heading of "entertainment" uses as defined in Section 65.609. <br /> These uses are cocktail lounges, night clubs, theaters, billiard parlors, pool <br /> halls, and similar enterprises. They are permitted uses in the B-2 District <br /> and constitute Conditional Uses in the B-3 and B-4 Districts. <br /> Certain types of adult entertainments are also controlled by provisions <br /> currently contained in the Rochester Code of Ordinances MOO) . Chapter 115 <br /> ' requires many categories of establishments where saunas or massage services <br /> would be offered to be licensed. Motion picture theaters are required to be <br /> licensed under RCO Chapter 110. "Companionship sales" are technically <br /> required by RCO Chapter 105 to be licensed. In fact, however, Chapter 105 was <br /> determined to be unconstitutional by a decision of the Olmsted District Court <br /> entered in approximately 1978. Finally, all establishments serving alcoholic <br /> beverages are controlled by licenses issued under RCO Chapter 125A. <br /> As noted in Article 17 above which addressed the associated legal issues, the <br /> Rochester Code of Ordinances does currently contain a definition of <br /> pornography in Section 85.05. That ordinance makes displaying, promotion of <br /> participation in pornographic acts cr materials a misdemeamr criminal <br /> offense. A misdemeanor offense carries a maximum penalty of a $700 fine <br /> and/or 90 days in jail. A related section, RCO Section 85.02, prohibits <br /> "indecent conduct" which is defined to include "lewd, lascivious or immoral <br /> conduct" or "indecent lascivious exposure or use of the human body, or any <br /> part thereof. . .". <br /> There is nothing in -the existing ordinance provisions to suggest that--"adult <br /> entertainments" as a general category of uses has ever been examined or <br /> addressed by a previous board or commission of the City. <br />