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(A) A person commits an offense if he or she operates or causes to be operated a sexually oriented business within 250 feet of:
(1) A church;
(2) A school;
(3) A boundary of a residential or historic district as defined in this chapter;
(4) A public park;
(5) The property line of a lot devoted to a residential use as defined in this chapter;
(6) A hospital;
(7) Licensed day-care;
(8) Buildings and property owned or leased by the city, county, state or federal government; or
(9) Cemeteries.
(B) A person commits a misdemeanor if he or she causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of a sexually oriented business within 500 feet of another sexually oriented business.
(C) A person commits a misdemeanor if he or she causes or permits the operation, establishment or maintenance of more than one sexually oriented business in the same building, structure or portion thereof, or if he or she causes or permits the increase of floor area of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.
(D) For the purposes of divisions (A) and (B) above, measurement shall be made in accordance with the city’s zoning ordinance.
(E) For purposes of division (B) above, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(F) Any sexually oriented business lawfully operating on the passage of this subchapter that is in violation of divisions (A), (B) or (C) shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed 18 months, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. The nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 500 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business(es) in nonconforming.
(G) A sexually oriented business fully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, school, licensed day-care center, government building, cemetery or hospital within 250 feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked.
(Ord. 12-3-98, passed 12-3-1998)
(A) If the Police Chief denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of § 154.082 above, then the applicant may, not later than ten calendar days after receiving notice of the denial, file with the City Secretary a written request for an exemption from the locational restrictions of § 154.082 above.
(B) If the written request is filed with the City Secretary within the ten-day limit, the City Council shall consider the request. The City Secretary shall set a date for the hearing within 60 days from the date the written request is received.
(C) A hearing by the City Council may proceed if at least a quorum of the Council members are present. The City Council shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.
(D) The City Council may, in its discretion, grant an exemption from the locational restrictions of § 154.082 if it makes the following findings:
(1) The location of the proposed sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare;
(2) The granting of the exemption will not violate the spirit and intent of this chapter of the city code;
(3) The location of a proposed sexually oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight;
(4) The location of an additional sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any effort of urban renewal or restoration; and
(5) All other applicable provisions of this chapter will be observed.
(E) The City Council shall grant or deny the exemption by a majority vote. Failure to reach a majority vote shall result in denial of the exemption. Disputes of fact shall be decided on the basis of a preponderance of the evidence. The decision of the City Council is final.
(F) If the City Council grants the exemption, the exemption is valid for one year from the date of the City Council’s action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of § 154.082 above until the applicant applies for and receives another exemption.
(G) If the City Council denies the exemption, the applicant may not re-apply for an exemption until at least 12 months have elapsed since the date of the City Council’s action.
(H) The grant of an exemption does not exempt the applicant from any other provisions of this chapter other than the locational restrictions of § 154.082 above.
(Ord. 12-3-98, passed 12-3-1998)
(A) A nude studio or modeling studio shall not employ any person under the age of 18 years.
(B) A person commits an offense if he or she knowingly allows a person under the age of 18 years to appear in a state of nudity in or on the premises of a nude studio or modeling studio. It is a defense to prosecution under this division if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.
(C) A person commits an offense if he or she appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude studio or modeling studio. It is a defense to prosecution under this division if the person was in a restroom not open to public view or persons of the opposite sex.
(D) A person commits an offense if he or she appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude studio or modeling studio premises which can be viewed from the public right-of-way.
(E) A nude studio or modeling studio shall not place or permit a bed, sofa, mattress or futon in any room on the premises, except that a sofa may be placed in a reception room open to the public.
(Ord. 12-3-98, passed 12-3-1998)
(A) A person commits an offense if he or she knowingly allows a person under the age of 18 years to appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
(B) A person under the age of 18 years commits an offense if he or she knowingly appears in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
(C) It is a defense to prosecution under divisions (A) and (B) above if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.
(D) Every act or omission by an employee constituting a violation of the provisions of this subchapter shall be deemed the act or omission of the operator if the act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator’s negligent failure to supervise the employee’s conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.
(E) An operator shall be responsible for the conduct of all employees while on the licensed premises, and any act or omission of any employee constituting a violation of the provisions of the ordinance shall be deemed the act or omission of the operator for purposes of determining whether the operator shall be subject to the penalties imposed by this subchapter.
(Ord. 12-3-98, passed 12-3-1998)
(A) Evidence that a sleeping room in a hotel, motel or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this chapter.
(B) A person commits an offense if, as the person in control of a sleeping room in a hotel, motel or similar commercial establishment that does not have a sexually oriented business license, he or she rents or subrents a sleeping room to a person and, within ten hours from the time the room is rented, he or she rents or subrents the same sleeping room again.
(C) For purposes of division (B) above, the terms RENT or SUBRENT mean the act of permitting a room to be occupied for any form of consideration.
(D) Every act or omission by an employee constituting a violation of the provision of this subchapter shall be deemed that act or omission of the operator if the act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator’s negligent failure to supervise the employee’s conduct, and the operator shall be punishable for the act or omission in the same manner as if the operator committed the act or caused the omission.
(E) An operator shall be responsible for the conduct of all employees while on the licensed premises, and any act or omission of any employee constituting a violation of the provisions of this subchapter shall be deemed the act or omission of the operator for purposes of determining whether the operator shall be subject to the penalties imposed by this subchapter.
(Ord. 12-3-98, passed 12-3-1998)
(A) In order to decrease the possibility of lewd behavior (such as anonymous, pubic sexual encounters which cause the spread of STDs and HIV), a person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements.
(1) Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager’s stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Police Chief may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(2) The application shall be sworn to be true and correct by the applicant.
(3) No alteration in the configuration or location of a manager’s station may be made without the prior approval of the Police Chief or his or her designee.
(4) It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager’s station at all times that any patron is present inside the premises.
(5) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this division must be by direct line of sight from the manager’s station.
(6) It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in division (A)(5) above remains unobstructed by any doors, walls, curtains, partitions or any other opaque coverings, merchandise, display racks or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to division (A)(1) above.
(7) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five-foot candle as measured at the floor level.
(8) It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above, is maintained at all times that any patron is present in the premises.
(B) A person having a duty under divisions (A)(1) through (8) above commits an offense if he or she knowingly fails to fulfill that duty.
(C) Every act or omission by an employee constituting a violation of the provisions of this subchapter shall be deemed the act or omission of the operator if the act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator’s negligent failure to supervise the employee’s conduct, and the operator shall be punishable for the act or omission in the same manner as if the operator committed the act or caused the omission.
(D) An operator shall be responsible for the conduct of all employees while on the licensed premises, and any act or omission of any employee constituting a violation of the provision of this subchapter shall be deemed the act or omission of the operator for purposes of determining whether the operator shall be subject to the penalties imposed by this subchapter.
(Ord. 12-3-98, passed 12-3-1998)
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