Zoning: Adult biz not complying

The Commonwealth Zoning Office will soon be issuing notices of violations to so-called adult businesses that continue to ignore a law that has been in effect since early this year.

Zoning Administrator W. Steve Tilley said a lot of these businesses have not been complying with the new Saipan Zoning Law and could be liable for criminal and civil penalties.

Violators of the law may be fined $1,000 per day of violation.

The new Saipan Zoning Law was signed by Gov. Benigno R. Fitial on Dec. 21, 2007; it became effective on Feb. 1, 2008, with a six-month grace period for businesses to comply with the building and sign design requirements of the new law.

Tilley emphasized that the grace period has already lapsed, therefore, as of Aug. 1, all existing adult businesses on Saipan should already be aligned with the law.

“We find many of the businesses violating the law but we just don’t have enough time at this point to issue the notices,” Tilley said.

The new law defines many types of business as adult and there are specific definitions for each one, including adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, massage parlor, nude model studio, sex shop and sexual encounter center.

The so-called adult viewing booth is not allowed anywhere on Saipan.

One of the requirements is that advertising displays describing certain body parts or sex acts must not be visible to the public.

It also requires that building openings and windows of the business establishment must be screened to prevent the public from seeing inside.

Entrances must also be posted with a visible sign stating that no minors are allowed to enter.

The law requires that signs must not display flashing lights, neon lighting or other internal illumination or up-lighting and it must be in the English language.

Other languages than English may be included but the text must have an exact translation in English and the text must not be larger than the English text.

Signs must not advertise unlawful services or specified sexual activities and the sign background must be a uniform and solid color and that the lettering must be in one print type, size and solid color.

The law also allows only two signs, with the primary sign not exceeding 50 square feet and the secondary sign not exceeding 20 square feet.

The Zoning Office explained, though, that not all massage parlors are considered adult businesses.

Businesses offering the methods of practice or the legitimate techniques of physicians, chiropractors, physical therapists, massage therapists or athletic trainers, and that are professionally licensed or certified by the appropriate governmental agency, are not considered adult businesses.

Not also considered adult businesses are massage facilities located in hotels that have more than 20 rooms; businesses in which massage services account for less than 10 percent of gross revenue or floor area; and homes in which massage is done for children by traditional healers recognized by the customs of the CNMI.