(A) Purpose: The purpose of this section is to establish provisions for the opportunity as well as control of sexually oriented businesses within the city of Farmington.
(B) General: Sexually oriented businesses as defined in this title shall be subject to the following general provisions:
1. Activities classified as obscene as defined by MSA section 617.241 are prohibited.
2. Sexually oriented businesses, either principal or accessory, shall be prohibited from locating in any building which is also used for residential purposes.
3. Sexually oriented businesses, either principal or accessory, shall be prohibited from locating in any building which is also licensed to sell intoxicating liquor, nonintoxicating malt liquor or wine.
4. A sexually oriented business which does not qualify as a sexually oriented business–accessory, shall be classified as a sexually oriented business–principal.
(C) Sexually Oriented Business–Principal:
1. Sexually oriented business–principal shall be located at least three hundred feet (300') from County State Aid Highways 31 and 50 as measured in a straight line from the closest point of the property line of the building upon which the sexually oriented business–principal is located, to the right of way.
2. Sexually oriented business–principal shall be located at least three hundred feet (300'), as measured in a straight line from the closest point of the property line of the building upon which the sexually oriented business–principal is located, to the property line of:
(a) Residentially zoned property.
(b) Another sexually oriented business–principal.
(c) Schools.
(d) Churches.
(e) Daycares.
(f) Public library.
(g) Public parks/trails.
(h) On/off sale liquor establishments.
3. "Sexually oriented business–principal" activities, as defined by this title, shall be classified as one use. No two (2) sexually oriented business–principal shall be located in the same building or upon the same property and each business shall be subject to subsections (C)1 and C(2) of this section.
(D) Sexually Oriented Business–Accessory:
1. Sexually oriented business–accessory shall:
(a) Comprise no more than ten percent (10%) of the floor area of the establishment in which it is located; provided that the maximum floor area used for sexually oriented business–accessory may not exceed one thousand (1,000) square feet.
(b) Comprise no more than twenty percent (20%) of the gross receipts of the entire business operation.
(c) Not involve or include any activity except the sale or rental of merchandise.
2. Sexually oriented business–accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access:
(a) Movie Rentals: Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation or shall be in catalogs under the direct control and distribution of the operator.
(b) Magazines: Publications classified or qualifying as sexually oriented shall not be physically accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.
3. Sexually oriented business–accessory activities, including sale or display of instruments, devices or paraphernalia which are used or designed for use in connection with specified sexual activities, shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition presented to the general public where minors are admitted. (Ord. 002-469, 2-19-2002)