A. Applications And Permits Required:
1. A Conditional Use Permit is required as specified in 10-6-12.
2. An adult-oriented business license issued by the city is required as specified in Title 2 of the City of Belgrade Codes of Ordinances.
B. Supplemental Regulations:
1. Prohibited Locations: Adult- oriented businesses that meet the required criteria to operate may be conditionally permitted in the Industrial (I) district;
a. Provided that the adult-oriented business may not be operated within three hundred feet (300') of the following:
(1) Church, synagogue, mosque, temple, or building which is used primarily for religious worship and related religious activities;
(2) Public or private educational facilities including, but not limited to, childcare facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, special education schools, junior colleges, and universities; school includes the school ground, but does not include the facilities used primarily for another purpose and only incidentally as a school;
(3) Public park or recreational area which has been designated for park or recreational activities, including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, skating rink, pedestrian/ bicycle paths, wilderness areas or another similar public land within the city which is under the control, operation or management of the city park and recreation authorities;
(4) Residentially zoned lot and devoted to residential use; or
b. Provided that the adult-oriented business is not within eight hundred feet (800') of another adult-oriented business.
c. An adult-oriented business may not be operated in the same building, structure, or portion thereof, containing another adult-oriented business.
2. Exterior Portions of Businesses:
a. Visibility From Outside: It shall be unlawful for an owner or operator of an adult-oriented business to allow the merchandise or activities of the establishment to be visible from a point outside the establishment.
b. Prohibited: It shall be unlawful for the owner or operator of an adult-oriented business to allow the exterior portion of the adult-oriented business to have flashing lights or any words, lettering, photographs, silhouettes, drawings or pictorial representations of any manner, except to the extent permitted by the provisions of this chapter.
c. Unpainted Exterior: Nothing in this chapter shall be construed to require the painting of an otherwise unpainted exterior portion of an adult-oriented business.
d. Violation: A violation of any provision of this section shall constitute a misdemeanor.
3. Signage:
a. Signs advertising any sexually oriented adult entertainment establishment must conform with the requirements of Chapter 5 of this ordinance with the exception, however, that signs shall not depict specified sexual activities and/or specified anatomical areas as defined in Chapter 8 of the municipal code, and provided further that no flashing or traveling lights may be located outside the building. The location and wording of such sign must be shown on the site plan.
4. Sale, Use, Or Consumption Of Alcoholic Beverages:
a. Prohibited: The sale, use, consumption, or possession of alcoholic beverages on the premises of an adult-oriented business is prohibited.
b. Violation: Any violation of this section shall constitute a misdemeanor.
5. Injunction:
a. A person who operates or causes to be operated an adult oriented business without a valid operator’s license, or in violation of relevant sections of this chapter, is subject to a suit for injunction as well as prosecution for criminal violations. Each day that an adult oriented business so operates is a separate offense or violation.
6. Judicial Review:
a. Within thirty (30) days of a denial of an initial or renewal application by the city, or suspension or revocation of a license by the city, the applicant or licensee may seek prompt judicial review of such action in the district court of the eighteenth judicial district court, in and for the county of Gallatin, state of Montana.
C. Conditional Use Required:
1. Permit And License Required: An adult-oriented business may be operated as a conditional use in the Innovation District (ID) districts subject to the provisions of this chapter and any other local, state, and federal laws, rules, and regulations. It shall be unlawful for any person to operate an adult- oriented business without first obtaining a conditional use permit as specified in 10-6-12. of this title and an adult-oriented business operator’s license (“operator’s license”) issued by the city as hereinafter provided.
2. Conditions: Such conditional use permit is subject to the following:
a. Obtainment of a valid adult-oriented business operator’s license issued by the city;
b. Any person who operates an adult-oriented business and has employees who work and/or perform services on the premises of the adult-oriented business must, at all times, keep a current list of all employees that will be provided to the city as described herein; and
c. Any person employed with an adult-oriented business must ensure their presence on a list of all employees to be provided to the city as described herein.
3. Defense: It shall be a defense to subsections 2b and 2c of this section if the employment is of limited duration and for the sole purpose of repair and/ or maintenance of machinery, equipment, or the premises.
4. Violations: Violations of any provisions within this section shall constitute a misdemeanor. (Ord. 2023-7, 7-17-2023)