§ 74-20. Sexually oriented businesses.

(a)

Definitions.

(1)

Adult arcade. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-projecting devices are maintained to show images to five or fewer persons per machine at any time, and where the images so displayed are distinguished or characterized by the depicting of specified sexual activities or specified anatomical areas, as defined herein.

(2)

Adult bookstore or adult video store. A commercial establishment in which a substantial portion of its stock in trade consists of books, videos, tapes, cassettes, photographs, slides, magazines, and other periodicals which are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas, as defined herein.

(3)

Adult cabaret. A night club, bar, restaurant, or similar commercial establishment which features persons who appear in a state of nudity or semi-nudity or live performances which are characterized by the exposure of specified sexual activities or specified anatomical areas, as defined herein.

(4)

Adult retail store. A business where a substantial portion of the stock in trade consists of items or products other than printed matter which are characterized by an emphasis on specified sexual activities or specified anatomical areas, as defined herein.

(5)

Adult theater. Any theater, concert hall, auditorium or similar establishment with a capacity of more than five persons where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown which are primarily characterized by the depiction or description of specified sexual activities or specified anatomical areas, as defined herein, or features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified sexual activities or specified anatomical areas, as defined herein.

(6)

Escort. A person who, for consideration, agrees or offers to act as a companion, or date for another person, and/or who, for consideration, agrees or offers to privately model lingerie or perform a striptease for another person.

(7)

Escort agency. A person or commercial establishment who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip or other consideration.

(8)

Nude model studio. Any place where a person who appears in a state of nudity or displays specified anatomical areas, as defined here, is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.

(9)

Nudity or state of nudity. The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast.

(10)

Semi-nudity. A state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.

(11)

Sexual encounter center. A commercial establishment which, as one of its primary business purposes, offers for any form of consideration physical contact in the form of wrestling or tumbling between persons of the opposite sex or activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.

(12)

Sexually oriented business. Any adult arcade, adult bookstore or adult video store, adult cabaret, adult retail store, adult theater, escort, escort agency, nude model studio, or sexual encounter center.

(13)

Specified anatomical areas. Less than completely and opaquely covered human genitals, pubic region, buttock, human genitals in a discernibly erect state, even if completely and opaquely covered, or any combination of the aforementioned.

(14)

Specified sexual activities. Depiction of male genitals in a state of sexual arousal, female genitals; acts of masturbation, sexual intercourse, oral copulation, sodomy, bestiality; touching of human genitals, pubic region, buttock, anus; or any combination of the aforementioned.

(b)

Location requirements.

(1)

No sexually oriented business shall be operated within 1,000 feet of:

a.

A public park or public library.

b.

A nonprofit educational museum.

c.

A church or synagogue.

d.

A public or private elementary or secondary school.

e.

A day care center or kindergarten.

f.

Another sexually oriented business.

g.

A structure that contains another sexually oriented business.

(2)

No sexually oriented business shall be operated within 1,000 feet of a residential zoning district.

(3)

Not withstanding any other provisions of this chapter, sexually oriented businesses shall be allowed only in areas zoned C-2 commercial district or C-4 highway commercial district.

(c)

Measurement.

(1)

Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the structure where a sexually oriented business is located or conducted to the nearest property line of the premises of a church, public park, public or private elementary or secondary school, day care center or kindergarten, residential district, or building site dedicated or devoted to a residential use.

(2)

Measurement between any two sexually oriented businesses shall be made in a straight line, without regard to intervening structures or objects, from the closest exterior wall of one establishment to the exterior wall of the other establishment.

(d)

Nonconforming.

(1)

Any person or entity holding a certificate of occupancy for a lawful business and actually operating a sexually oriented business on the effective date of this section, but not in compliance with the requirements of this chapter shall be permitted to continue to operate as a nonconforming sexually oriented business at the site of the previous use; provided, however, that should such business cease to operate or be discontinued for any period of time, it shall not thereafter be reestablished without being in full compliance with all provisions of this chapter and all other applicable codes and ordinances. The terms "cease to operate" or "discontinued for any period of time" shall mean the voluntary or intentional termination, cessation or discontinuance of the business by the owner or other party in interest or an involuntary termination of the business resulting from a violation of any applicable rule, regulation, ordinance, statute or law. The nonconforming use shall not be deemed to terminate if the cessation, termination of discontinuance of the business operations are caused by an act of God, or other catastrophic occurrence or event not caused by or under the control of the business owner or other party in interest. The holder of the certificate of occupancy or operator of the business shall be responsible for providing documentation, acceptable to the zoning code enforcement office, that a nonconforming sexually oriented business has not ceased to operate or been discontinued. A nonconforming sexually oriented business shall not be enlarged, increased or altered. Any change in use shall require full compliance with all provisions of this chapter and other applicable codes.

(2)

A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to approval of the sexually oriented business, of a church, public park, public or private elementary or secondary school, day care center or kindergarten, residential district or residential lot within 1,000 feet of the sexually oriented business.

(e)

Issuance of certificate of occupancy. Prior to issuance of a certificate of occupancy, the owner or applicant shall be required to sign a written statement verifying that a sexually oriented business is being operated as defined by this section.

(Ord. No. 15/01, 9-27-01)