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§ 4-8-10 LOCATION OF SEXUALLY- ORIENTED BUSINESS FACILITIES.
   (A)   No person shall place, maintain, own or operate any sexually-oriented business in the following locations:
      (1)   In any residential area of a city or town located in whole or in part within the boundaries of the city, unless otherwise allowed by the individual city or town; and/or
      (2)   Within 2,000 feet of any parcel of real estate upon which is located any of the following:
         (a)   A public or private elementary school, junior high school or senior high school;
         (b)   A daycare facility registered with the state;
         (c)   A church;
         (d)   A park or recreation facility operated and/or improved by the city, the county’s Conservation Board or the state;
         (e)   A federal, state, county or special district governmental office;
         (f)   A supermarket, grocery store or convenience store engaged in the sale of food and/or fuel;
         (g)   A restaurant or fast food establishment;
         (h)   Any other sexually-oriented business; and/or
         (i)   Any other business or establishment reasonably believed to be catering to family trade.
   (B)   For purposes of this section, distance shall be measured in a straight line, without regard to intervening structures, from the closest property line of the sexually-oriented business to the closest property line of the real property upon which the previously described facilities are located.
(Ord. C-439, passed 10-3-2006)
§ 4-8-11 SIGNAGE.
   (A)   Notwithstanding any other ordinance, code or regulation to the contrary, a sexually-oriented business shall not erect or maintain any sign for the sexually-oriented business other than one primary sign and one secondary sign as provided herein.
   (B)   The primary sign shall have no more than two display surfaces. Each such display surface shall:
      (1)   Not contain any flashing lights;
      (2)   Be a flat plane, rectangular in shape;
      (3)   Not exceed 75 square feet in area;
      (4)   Not exceed ten feet in height or ten feet in length;
      (5)   Contain no photographs, silhouettes, drawings or pictorial representations in any manner; and
      (6)   Contain letters of a solid color with each such letter consisting of the same print type, size and color as all other letters forming each word on the sign. Additionally, the background behind such lettering on the display surface of the sign shall be of a uniform and solid color.
   (C)   A secondary sign shall have only one display surface. Such display surface shall:
      (1)   Be a flat plane, rectangular in shape;
      (2)   Not exceed 20 square feet in area;
      (3)   Not exceed five feet in height and four feet in width;
      (4)   Be affixed or attached to a wall of the enterprise; and
      (5)   Conform with the provisions of divisions (B)(1), (B)(5) and (B)(6) above relating to primary signs.
(Ord. C-439, passed 10-3-2006)
§ 4-8-12 VIEWING FROM EXTERIOR PROHIBITED.
   No sexually-oriented business facility shall be conducted in a manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas by display, decoration, sign, show window or other opening from any public way or from any property not licensed as a sexually-oriented business facility.
(Ord. C-439, passed 10-3-2006)
§ 4-8-13 LOITERING AND EXTERIOR LIGHTING AND MONITORING REQUIREMENTS.
   It shall be the duty of the owner and/or operator of a sexually-oriented business to:
   (A)   Post conspicuous signs stating that no loitering is permitted on the property constituting the sexually-oriented business;
   (B)   Designate one or more employees to monitor the activities of persons on the property constituting the sexually-oriented business by visually inspecting such property at least once every hour or inspecting such property by use of video cameras and monitors;
   (C)   Provide lighting of the exterior premises of the property which constitutes the sexually-oriented business sufficient to provide for visual inspection or video monitoring to prohibit loitering, the consumption of alcoholic beverages, wine or beer or any other unlawful activity; and
   (D)   If used, video cameras and monitors shall operate continuously at all times the premises are open for business. The monitors shall be installed within an operator’s station or at a cash register where an employee is regularly present. Recordings shall be made and maintained for a minimum of 30 days. All recordings shall be made available for inspection and viewing upon request and without a warrant, to any law enforcement officer during regular business hours.
(Ord. C-439, passed 10-3-2006)
§ 4-8-14 PERSONS YOUNGER THAN 21 PROHIBITED.
   (A)   No person who is younger than 21 years of age shall be allowed to enter or be on the premises of a sexually-oriented business at any time the sexually- oriented business is open for business or at any other time during which an entertainer or employee may be performing or auditioning.
   (B)   It shall be the duty of the owner and/or operator of each sexually-oriented business to ensure that an attendant is stationed at each public entrance to the sexually-oriented business at all times during regular business hours.
   (C)   It shall be the duty of the attendant to prohibit any person under the age of 21 years of age from entering the sexually-oriented business. For enforcement purposes, it shall and will be presumed that an attendant knew a person was under the age of 21 unless such attendant asked for and was furnished:
      (1)   An authentic, valid, state issued operator’s, commercial operator’s or chauffeur’s driver’s license indicating that such person is 21 years of age or older; or
      (2)   An authentic, valid, state issued personal identification card or certificate indicating such person is 21 years of age or older.
(Ord. C-439, passed 10-3-2006)
§ 4-8-15 CONSUMPTION OF ALCOHOLIC BEVERAGES PROHIBITED.
   (A)   An owner and/or operator of a sexually- oriented business shall not allow the possession or consumption by any person of any alcoholic beverage, wine or beer in a sexually-oriented business facility or on any part of the real property that is used for carrying on the sexually-oriented business.
   (B)   It shall be the duty of the owner and/or operator of each sexually-oriented business to ensure that no alcoholic beverage, wine or beer is being possessed or consumed upon the real property or within the facility comprising the sexually-oriented business.
   (C)   This section shall not apply to the individually licensed sexually-oriented business if it has applied for, and been granted, a liquor license as authorized by the laws of the state.
(Ord. C-439, passed 10-3-2006)
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