§ 5.7. [Sexually oriented businesses.]

5.7-1.

Definitions.

A.

Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult motion picture theater, adult theater, or sexual encounter center.

B.

Adult arcade means any place to which the public is permitted or invited wherein coin-operated, slug-operated, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, videos, or other image-producing devices are maintained to show images depicting or describing "specified sexual activities" or "specified anatomical areas."

C.

Adult bookstore or adult video store means a commercial establishment that, as one of its principal business purposes, offers for sale or rental any one or more of the following:

(1)

Books, magazines, periodicals, other printed matter, photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations that depict or describe "specified sexual activities" or "specified anatomical areas"; or

(2)

Instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities."

D.

Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are shown that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

E.

Adult theater means a theater, concert hall, auditorium, or similar commercial establishment that features persons who appear, in person, in a state of nudity and/or seminudity, and/or conduct live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

F.

Principal business purposes means that the business enterprise operated on the premises generates at least twenty-five (25) [percent] of its gross sales from sexually oriented business activities.

G.

Sexual encounter center means a business or commercial enterprise that, as one (1) of its principal business purposes, offers for any form of consideration:

(1)

Physical contact in the form of wrestling or tumbling between persons of the opposite sex who are in a state of nudity or seminudity; or

(2)

Specified sexual activities, actual or simulated, between persons of the opposite sex and/or persons of the same sex.

A business purpose exists if the services offered are intended to generate business income.

H.

Specified anatomical areas means:

(1)

The human male genitals in a discernibly turgid state, even if fully and opaquely covered;

(2)

Less than completely and opaquely covered human (male or female) genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.

I.

Specified sexual activities means and includes any of the following:

(1)

The fondling or other erotic touching of human (male or female) genitals, pubic region, buttocks, anus, or female breasts, whether covered or uncovered;

(2)

Any sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

(3)

Masturbation, actual or simulated; or

(4)

Excretory functions as part of or in connection with any of the activities set forth in [subsections] (1) through (3) above.

5.7-2.

Permitted areas of location. Sexually oriented businesses shall be permitted only in areas zoned C and then subject to the following restrictions:

A.

The sexually oriented business may not be operated within:

(1)

One thousand five hundred (1,500) feet of a church, synagogue, mosque, temple or other building that is used primarily for religious worship or related religious activities;

(2)

One thousand five hundred (1,500) feet of a public or private educational or school facility;

(3)

One thousand five hundred (1,500) feet of a public park or recreational area that has been designated for park or recreational activities by the city;

(4)

One thousand five hundred (1,500) feet of the property line of a lot zoned for residential use and devoted to a residential use as defined in the zoning code; or

(5)

One thousand five hundred (1,500) feet of another sexually oriented business.

B.

A sexually oriented business may not be operated in the same building, structure, or portion thereof that contains another sexually oriented business.

C.

For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the above-designated areas.

5.7-3.

Nonconforming uses. Any business lawfully operating on the effective date of this ordinance that is in violation of the requirements of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue unless terminated for any reason or voluntarily discontinued for a period of six (6) continuous calendar months. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.

5.7-4.

Exterior portion of sexually oriented businesses.

A.

It shall be unlawful for an owner or operator of a sexually oriented business to allow the merchandise or activities of the establishment to be visible from a point outside the establishment.

B.

It shall be unlawful for the owner or operator of a sexually oriented business to allow the exterior portion of the sexually oriented business to have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any sexual manner.

C.

Reserved.

D.

The owner and/or operator of any sexually oriented business are only permitted to erect, construct, or maintain one (1) sign advertising the sexually oriented business. The sign shall have no more than two (2) display surfaces. Each such display surface shall:

(1)

Not contain any flashing lights;

(2)

Be a flat plane;

(3)

Not exceed seventy-five (75) square feet in area.

The sign shall contain no photographs, silhouettes, drawings or pictorial representations in any sexual manner, and may contain only the name of the business enterprise.

5.7-5.

Sale, use, or consumption of alcoholic beverages prohibited.

The sale, use, or consumption of alcoholic beverages on the premises of a sexually oriented business is prohibited.

5.7-6.

Minors prohibited on premises.

A.

It shall be unlawful for any person who is younger than eighteen (18) years of age to enter or be on the premises of a sexually oriented business.

B.

It shall be the duty of the owner and/or operator of a sexually oriented business to ensure that no person under the age of eighteen (18) years is in or on the premises of the sexually oriented business.

5.7-7.

Violations and permitted defenses.

A.

The owner and/or operator who operates or causes to be operated a sexually oriented business in violation of this chapter [ordinance] is subject to a suit for injunction as well other penalties provided by this chapter [ordinance].

B.

Each time a sexually oriented business commits a violation of this chapter [ordinance] shall be considered as a separate offense.

C.

Any owner or operator of a sexual oriented business found guilty of a violation of this section shall be subject to a fine of up to five hundred dollars ($500.00) or six (6) months in jail, or both.

D.

Notwithstanding any other provision in this section, movies rated G, PG, PG-13, or R, by the Motion Picture Association of America (MPAA), or live theatrical performances with serious artistic, social, or political value, that depict or describe specified anatomical areas or specified sexual activities, are expressly exempted from regulation under this section.

(Ord. No. 577, 1-6-2004)