The town zoning ordinance may designate the area(s) in which sexually oriented businesses are permitted and this chapter shall govern their location and land use. In addition, any sexually oriented business not already in operation at the time of adoption of this chapter shall be subject to the following restrictions.
(A) A person shall not operate or cause to be operated a sexually oriented business except as provided by this chapter, including obtaining the appropriate permit(s) and inspection(s).
(B) A person shall not operate or cause to be operated a sexually oriented business within 1,000 feet of: any religious institution; any school; the boundary of any residential district; and a public park adjacent to any residential district; a property line of a lot devoted to residential use; or a boys’ club, girls’ club, or similar existing youth organization.
(C) A person shall not operate or cause to be operated a sexually oriented business within 1,000 feet of another such business, which will include, any adult arcade, adult book store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, or any sexual encounter establishment.
(D) A person shall not cause or permit the operation, establishment, or maintenance of more than one sexually oriented business within the same building, structure, or portion thereof, or cause the substantial enlargement of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.
(E) It is a defense to prosecution under this section that a person appearing in a state of nudity did so in a modeling class operated:
(1) By a proprietary school, licensed by the state; a college, junior college, or university supported entirely or partly by taxation;
(2) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
(3) In a structure:
(a) Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;
(b) Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and
(c) Where no more than one nude model is on the premises at any one time.
(Ord. 2009-7, passed 12-30-2009) Penalty, see § 111.99