(a) It is the purpose of this section to regulate adult entertainment facilities to promote the health, safety, morals and general welfare of the municipality, and to establish reasonable and uniform regulations to prevent the concentration of adult entertainment facilities within the municipality.
(b) Exceptions. Nothing in this section shall be construed to pertain to:
(1) The purchase, distribution, exhibition and/or loan of any work of art, book, magazine or other printed material or manuscript by any accredited museum, library, fine art gallery, school or institution of higher learning.
(2) The exhibition and/or performance of any play, drama, or motion picture by any theater, museum, library, fine art gallery school or institution of higher learning either supported by public appropriation or which is an accredited institution supported by private funds.
(d) Conditions. The following conditions shall apply for all adult entertainment facilities and similar uses as defined in Section 1133.02(3).
(1) No adult entertainment facility shall be established within 500 feet of any area zoned for residential use or any existing residential use.
(2) No adult entertainment facility shall be established within a radius of 1,500 feet of any school, library or teaching facility, whether public or private, governmental or commercial, which school, library or teaching facility is attended by persons under 18 years of age.
(3) No adult entertainment facility shall be established within a radius of 1,500 of any church synagogue, or permanently established place of religious services attended by persons less than 18 years of age.
(4) No adult entertainment facility shall be established within a radius of 1,500 feet of any park or recreational facility attended by persons less than 18 years of age.
(5) No adult entertainment facility shall be established within a radius of 1,500 feet of any other adult entertainment facility.
(6) No advertisements, displays or other promotional materials displaying specific sexual activities or specified anatomical areas shall be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other areas public or semi-public.
(7) All building openings, entries, windows and etc., for adult uses shall be located, covered or serviced in such a manner as to prevent a view into the interior from any public or semi-public area, sidewalk or street. For new construction, the building shall be oriented so as to minimize any possibility of viewing the interior from public or semi-public area.
(8) No screens, loudspeakers or sound equipment shall be used for adult motion picture theaters (enclosed or drive-in) that can be seen or discerned by the public from public or semi-public areas.
(e) Penalty. Violation of any provision of this section shall be a misdemeanor of the first degree, and shall be subject to the provisions of Section 501.99 of the Codified Ordinances, as well as loss of any conditional use granted for said premises.
(Ord. 52-05. Passed 7-18-05.)