1131.06 REGULATION OF ADULT ENTERTAINMENT.
(a) Definitions.
(1) Adult book and/or video store. For the purpose of this section, “adult book and/or video store” means an establishment having as a substantial and significant portion of its stock in trade, books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes, video disks, CD-Rom discs, or other visual representations which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” as defined below, or instruments, devices or paraphernalia which are designed for use in connection with “specific sexual activities.”
(2) Adult movie theater and adult mini motion picture theater. For the purpose of this section, adult movie theaters and adult mini motion picture theaters shall be as follows:
A. Adult “movie theater” in an enclosed building with a capacity of fifty or more persons, used for presenting material distinguished or characterized by an emphasis on material depiction, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.
B. “Adult mini motion picture theater” is an enclosed building with a capacity for less than fifty persons used for presenting materials distinguished or characterized by an emphasis on materials depicting, describing, or relating to “specific sexual activities” or “specified anatomical areas” for observation by patrons therein.
(3) Live adult entertainment. For the purpose of this section, live adult entertainment means an establishment used for presenting material involving the actual presence of real people presenting a performance distinguished or characterized by an emphasis on depicting or enacting “specified sexual activities” or “specified anatomical areas” for observation by patrons therein, and which excludes minors by virtue of their age.
(4) Specified sexual activities. For the purpose of this section, “specified sexual activities” is defined as:
A. Human genitals in a state of sexual stimulation or arousal; or
B. Acts of human masturbation, sexual intercourse or sodomy; or
C. Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.
(5) Specified anatomical areas. “Specified anatomical areas” is defined as:
A. Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below point immediately above the top of the areola.
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(b) Regulations.
(1) Incompatible uses in commercial districts. In order to protect minors, no adult book or video store, live adult entertainment establishment, adult motion picture theater, or adult mini motion picture theater shall be operated or located within one thousand (1,000) feet from an existing residential use or residential zoning district, or public or private school, church, public library, playground, recreation or community center, child care institution, or child day care home.
(2) Proximity in commercial district. In addition to the above, in no event shall any two adult entertainment establishment uses, including adult book or video stores, live adult entertainment establishments, adult motion picture theaters, or adult mini motion picture theaters, be within one thousand (1,000) feet of each other.
(Ord. 43-1997. Passed 10-28-97.)