(A) For purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT-ORIENTED STORE. Any commercial establishment or retail store selling paraphernalia, devices, or equipment distinguished or characterized by an emphasis on depicting or describing specific sexual conduct or used in connection with specified sexual conduct.
ADULT NOVELTY SHOP. A commercial establishment that displays, sells, or offers for sale instruments, devices, or paraphernalia designed or marketed primarily for use to stimulate human genital organs or for use in connection with sadomasochistic practices.
SADOMASOCHISTIC PRACTICES. Flagellation or torture by or upon a person clothed or naked, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed or naked.
(B) Adult novelty shops cannot be located within 1,000 feet of:
(1) Any building primarily and regularly used for worship services and religious activities;
(2) Any public or private school or licensed day care center;
(3) Any public park or playground;
(4) Any public library; or
(5) Any land zoned or used for residential purposes.
(C) (1) Provided that if any such building used for worship and religious activities, any public or private school, licensed day care center, any public park or playground, any public library, or any land zoned or used for residential purposes shall be established within 1,000 feet of any such premises after the premises have been established, this shall not be a bar to the continuation of the business so long as it has been in continuous force and effect.
(2) The distance indicated in this section shall be measured from the nearest property line of such church or school to the nearest public entrance door to the premises of the adult novelty shop along the street right-of-way line providing the nearest direct route usually traveled by pedestrians between such points. For purposes of determining measured distance, property situated on the opposite side of the street from such church or school shall be considered as if it were located on the same side of the street with such church or school.
(D) An adult-oriented establishment, as defined herein, must obtain a conditional use permit prior to opening and operating said business.
(Prior Code, § 110.060) (Ord. 1436, passed 5-11-2004; Ord. 1639, passed 5-11-2010) Penalty, see § 110.999