The Maui County council finds there is convincing documented evidence that adult entertainment activities, because of their very nature, have a deleterious, secondary effect on both the existing businesses that surround such activities as well as the surrounding residential areas adjacent to such activities, cause increased crime, decrease in property values, and have a general negative effect on the health, safety, and welfare of the citizens of the communities where such adult entertainment activities are located.

Additionally, based upon public testimony received through public hearings conducted by the three planning commissions on the islands of Maui, Lanai, and Molokai, and by testimony received by the Maui County council, the council finds that the county of Maui has high community standards regarding adult entertainment activity, particularly when nudity occurs as a form of adult entertainment.

The Maui County council desires to protect the citizenry from these adverse secondary effects, and prevent them where possible, thus protecting the citizenry from increased crime, preserving the quality of life, preserving property values and the character of surrounding neighborhoods, and deterring the spread of urban blight.

It is the purpose and intent of this chapter to regulate adult entertainment activity to promote the health, safety, morals, and general welfare of the citizens of Maui County, and to establish reasonable and uniform regulations to prevent the adverse secondary effects the location and concentration of adult entertainment activities will have within the county.

It is not the intent of this chapter to suppress any speech activities protected by the First Amendment of the United States, but to enact a content neutral ordinance which addresses the secondary effects adult entertainment activities have on the health, safety, and welfare of the citizenry.

The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any adult entertainment activity. Similarly, it is not the intent or effect of this chapter to restrict or deny access by adults to adult entertainment activity protected by the First Amendment. (Ord. 2402 § 1 (part), 1995)

Whenever used in this chapter, and unless a different meaning clearly appears from the context, the definitions applicable to this chapter are those definitions set forth in Maui County Code chapters 13.04, 18.04, and 19.04, and as provided as follows:

“Adult entertainment” or “adult entertainment activity” means activity involving or resulting in nudity where permitted pursuant to this chapter. However, nudity which may occur in the overall context of the hula, sumo and other similar cultural or theatrical activities where nudity is an incidental part of the performance and is considered a part of the performance and does not appeal to prurient interests, is excluded.

“Adult entertainment establishment” or “establishment” means:

1. The opening or commencement of any adult entertainment activity as a new business, enterprise, or activity; or

2. The conversion of any existing business, enterprise, or activity to an adult entertainment activity whether or not originally an adult entertainment activity; or

3. The addition of any adult entertainment activity to any other existing adult entertainment activity; or

4. The relocation of any adult entertainment activity.

“Applicant” means a person in whose name a permit is sought and/or issued pursuant to sections 19.85.040 and 19.85.050.

“Nude” or “nudity” means the showing of:

1. Human male or female genitals or pubic area with less than a fully opaque covering; or

2. The portion of the human female breast directly or laterally below a point immediately above the top of the areola with less than a fully opaque covering. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided the areola is not exposed. “Owner” includes:

1. Any person who has a financial interest in the establishment;

2. Any representative or agent of a person who has a financial interest in the establishment; or

3. Any person employed by a person who has a financial interest in the establishment. (Ord. 2402 § 1 (part), 1995)

A. Any business or commercial activity which involves live adult entertainment, whether for profit or not for profit, whether open to the public at large or whether entrance is limited by a cover charge or membership requirement, shall not be permitted in any zoning district except upon the granting of a conditional permit pursuant to the conditional permit procedure in chapter 19.40 and the requirements of section 19.85.040.

B. A conditional permit for live adult entertainment shall not be granted unless the following conditions are imposed:

1. No live adult entertainment activity shall be permitted on a zoning lot whose lot line is located within one thousand feet of any lot line of any residential district, multiple-family district, two-family district (duplex district), apartment district, or any residential area as may be delineated in a project district as approved in its phase III approval, as such districts or areas are either codified in Maui County Code, Title 19, or established pursuant to the provisions of Maui County Code, Title 19, public, private, or parochial nursery, elementary, intermediate or high schools, public parks, churches, synagogues or other regular places of religious worship, or daycare nurseries;

2. No zoning lot on which live adult entertainment activity is permitted shall be located within one thousand feet of any other zoning lot line of any other zoning lot on which live adult entertainment activity is permitted;

3. No person under the age of twenty-one shall be permitted to view the live adult entertainment activity;

4. Liquor shall not be sold, served, or consumed in the premises where live adult entertainment activity occurs; and

5. There shall be no physical contact between the audience and a performer of live adult entertainment.

C. For purposes of this chapter, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the zoning lot line on which the adult entertainment activity is conducted to the nearest zoning lot line of the premises of the zoning lots referenced above in subsection 19.85.030B.

D. If the requirements of subsections A and B of this section are met, for purposes of the conditional permit procedure in chapter 19.40, the proposed use shall not be held detrimental to the public interest, convenience, and welfare, and shall be deemed in harmony with the area on which it is located. (Ord. 2402 § 1 (part), 1995)

In addition to the requirements of chapter 19.40, the applicant shall provide:

A. The names and street address of the owners and operators of the business, the name under which the establishment is to be operated, a general description of the services to be provided, and the date the establishment is expected to commence operations;

B. An application fee in the amount set forth in the annual county budget;

C. Documents establishing whether applicant is a foreign corporation or a domestic corporation, limited partnership or other legal entity, as well as the name of all shareholders; and

D. Proof of ownership or right to operate on the premises. (Ord. 2402 § 1 (part), 1995)

A. Council shall review and approve the issuance of a permit unless they find:

1. Applicant or owners are under twenty-one years of age;

2. The applicant or any owner of the proposed adult entertainment activity, or any owner of the property on which the adult entertainment activity is to be located, if different from the applicant or owner of the adult entertainment activity business, is overdue in payment to the county of any taxes, fines, or penalties assessed in relation to an adult entertainment business;

3. Applicant has failed to provide information reasonably necessary for issuance of the permit or has falsely answered a question or request for information on the application form; or

4. The premises to be used for adult entertainment have not been approved by the state department of health, the department of fire control, or any building or zoning official as being in compliance with applicable laws and ordinances.

B. Any permit issued shall be posted in a conspicuous place at or near the entrance of the premises so that it can be easily read at any time.

C. Each permit shall expire within one year from the effective date of the ordinance granting the conditional use permit issuance and may be renewed only by making application as provided herein. (Ord. 2402 § 1 (part), 1995)

A. The permit may be revoked pursuant to Maui County Code chapter 19.40, or any other applicable law, if it is shown:

1. The owner gave false or misleading information in the material submitted during the application process;

2. The owner allowed possession, use, or sale of a controlled substance on the premises;

3. The owner allowed prostitution on the premises;

4. The owner operated the business while a permit was suspended or otherwise expired;

5. The owner allowed any patron to be nude on the premises;

6. The owner allowed consumption of alcohol on premises;

7. The owner is delinquent in payment to the county of any taxes;

8. The owner allowed a person under twenty-one years of age to enter the premises;

9. There was a change in the ownership or operators and a transfer application was not timely filed; or

10. There has been a violation of any of the terms, conditions, and restrictions of the permit. (Ord. 2402 § 1 (part), 1995)