(A) The Town Council finds that adult establishments produce effects, which are undesirable in the vicinity of residential areas and schools. Increased criminal activity has been documented around adult establishments. Understanding that the establishments are legal within federal and state laws, the following section is designed to combat the secondary effects of adult establishments in certain areas.
(B) It is not the intent of this section to conflict with state laws regulating pornographic materials and activities; but rather to regulate the locations of adult establishments whose materials or activities are legal.
(C) No person shall knowingly keep, maintain or operate an adult bookstore, adult movie massage parlor, or topless dancing establishment with the following areas:
(1) Within a minimum distance of 1,000 feet of a church or any establishment with an on premise ABC license;
(2) Within a minimum distance of 1,000 feet of any public or private secondary or elementary school, child care or nursery school;
(3) Within a minimum distance of 1,000 feet of any public or private secondary or elementary school, child care or nursery school;
(4) Within a minimum distance of 1,000 feet of a public park, residence, residentially zoned district, nursing home; and
(5) Within a minimum distance of 1,000 feet from a nursing home or primary highway.
(D) All measurements shall be taken by drawing straight lines from the nearest point of the line where the proposed adult establishment is to be located to the nearest point of the lot line or boundary of the closet church, establishment with an on-premise ABC license, public or private secondary or elementary school, child care, nursery school, public park, residentially zoned district, nursing home or primary highway.
(Ord. passed 4-15-2003)