§ 157.051 SEXUALLY ORIENTED BUSINESSES (NAICS 812199).
   (A)   Location.
      (1)   Owing to the negative secondary effects of sexually oriented or adult uses as evidenced by studies performed in other locations, and the deleterious effect of such negative secondary effects on existing businesses and/or residential areas around them, the location of such uses where permitted shall be tempered by the supplemental siting criteria of this section.
      (2)   No property line of a lot containing such use shall be located within 1,000 feet, measured in a straight line, from the closest point of the property line(s) of any:
         (a)   A residence or a residential zone;
         (b)   A church or religious institution;
         (c)   Public or private elementary and secondary schools, daycare centers, museums;
         (d)   Public parks and recreational facilities; or
         (e)   U.S. Highways 1, 601 and 521, S.C. Highways 34 and 97, Springdale Drive and Interstate 20 and Ehrenclou Drive.
         (f)   Any other adult or sexually oriented business. In addition, no more than one sexually oriented business shall be allowed in the same building.
   (B)   Expiration of permit. Each zoning permit shall expire at the end of each calendar year and may be renewed only by making application as provided herein.
   (C)   Fees. The annual fee for a zoning permit to operate a sexually oriented business shall be as determined by applicable zoning fees.
   (D)   Inspection.
      (1)   An applicant or permittee shall permit the Zoning Administrator and representatives of the Police, Health and Fire Departments or other governmental departments or agencies involved in code enforcement to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law at any time it is occupied or open for business.
      (2)   A person who operates a sexually oriented business, or their agent or employee is in violation of this Zoning Ordinance if he refuses to permit such lawful inspection of the premises at anytime it is occupied or open for business.
   (E)   Suspension. The Zoning Administrator shall suspend a zoning permit for a period not to exceed 30 days if he determines that a permittee or an employee of a permittee has:
      (1)   Violated or is not in compliance with any section of this Zoning Ordinance.
      (2)   Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises.
      (3)   Refused to allow an inspection of the sexually oriented business premises as authorized by this section.
      (4)   Knowingly permitted gambling by any person on the sexually oriented business premises.
   (F)   Revocation.
      (1)   The Zoning Administrator shall revoke a zoning permit in the event that the zoning permit of the sexually oriented business has been suspended two times within any 12 month period.
      (2)   The Zoning Administrator shall also revoke a zoning permit if he determines that:
         (a)   A permittee gave false or misleading information in the material submitted to the Building Department during the application process.
         (b)   A permittee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises.
         (c)   A permittee or an employee has knowingly allowed prostitution on the premises.
         (d)   A permittee or an employee knowingly operated the sexually oriented business during a period of time when the permittee's permit was suspended.
         (e)   A permittee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation/or other sexual conduct to occur in or on the permitted premises.
(Ord. 15-002, passed 2-24-15)