Oklahoma § 21-1040.55 - Adult cabaret and sexually oriented business exterior

§ 21-1040.55. Adult cabaret and sexually oriented business exterior

advertising signs - Requirements.

A. As used in this section:

1. “Adult cabaret” means a nightclub, bar, restaurant, or

similar establishment in which persons appear in a state of nudity

in the performance of their duties;

2. “Sexually oriented business” means any business which offers

its patrons goods of which a substantial portion are sexually

oriented materials. Any business where more than ten percent (10%)

of display space is used for sexually oriented materials shall be

presumed to be a sexually oriented business;

3. “Sexually oriented materials” means any textual, pictorial,

or three-dimensional material that depicts nudity, sexual conduct,

sexual excitement, or sadomasochistic abuse in a way that is

patently offensive to the average person applying contemporary adult

community standards with respect to what is suitable for minors; and

4. “State of nudity” means the showing of either:

a.

the human male or female genitals or pubic area with

less than a fully opaque covering, or

b.

the female breast with less than a fully opaque

covering or any part of the nipple.

B. Except as otherwise provided in this subsection, no

billboard or other exterior advertising sign for an adult cabaret or

sexually oriented business shall be located within one (1) mile of

any state highway. If such a business is located within one (1)

mile of a state highway, the business may display a maximum of two

exterior signs on the premises of the business, consisting of one

identification sign and one sign solely giving notice that minors

are not permitted on the premises. The identification sign shall be

no more than forty (40) square feet in size and shall include no

more than the following information: name, street address, telephone

number, and operating hours of the business.

C. Signs existing at the time of the adoption of this section,

which do not conform to the requirements of this section, may be

allowed to continue as a nonconforming use, but shall be made to

conform not later than November 1, 2009.

Oklahoma Statutes - Title 21. Crimes and Punishments

D. The Attorney General shall represent the state in all

actions and proceedings arising from this section. In addition, all

costs incurred by the Attorney General to defend or prosecute this

section, including payment of all court costs, civil judgments, and,

if necessary, any attorney fees, shall be paid from the General

Revenue Fund.

E. Any owner of a business who violates the provisions of this

section shall be guilty of a misdemeanor.

Added by Laws 2006, c. 321, § 1, eff. Nov. 1, 2006.