(a) For the purpose of this section, a “liquor selling establishment” means an establishment licensed by the liquor commission to sell liquor.
(b) Except as otherwise provided under this subsection, a lap dancing establishment shall not have an entrance or exit leading directly to or from a liquor selling establishment. The entrance or exit of a lap dancing establishment shall be deemed “leading directly to or from a liquor selling establishment” if no common area exists between the entrance or exit of the lap dancing establishment and the entrance or exit of the liquor selling establishment. “Common area” means an area outside either establishment and usable by a member of the general public or invitee to the structure containing the establishments.
A lap dancing establishment in operation on May 21, 1998,* but in noncompliance with this subsection on that date, may continue in noncompliance for 180 days from that date. After the 180th day, the lap dancing establishment shall be in violation of this subsection if still having an entrance or exit leading directly to or from a liquor selling establishment.
(c) Except as otherwise provided under subdivision (1) or (2), a lap dancing establishment shall not have a common wall with a liquor selling establishment. A “common wall” means a wall immediately between a lap dancing establishment and a liquor selling establishment.
(1) A lap dancing establishment in operation on May 21, 1998,* but in noncompliance with this subsection on that date, may continue in noncompliance for two years from that date. After the two-year period, the lap dancing establishment shall be in violation of this subsection if still having a common wall with a liquor selling establishment, unless the exception under subdivision (2)(B) applies. While operating in noncompliance during the two-year period, the lap dancing establishment shall not expand its lap dancing operation beyond the premises of the establishment as existing on May 21, 1998.*
(2) (A) A lap dancing establishment in compliance with this subsection on May 21, 1998* shall not become in violation of this subsection if, after that date, a liquor selling establishment under different ownership locates or expands next to the lap dancing establishment causing the sharing of a common wall;
(B) A lap dancing establishment in noncompliance with this subsection on May 21, 1998,* but coming in compliance within two years from that date, shall not become in violation of this subsection if, after compliance, a liquor selling establishment under different ownership locates or expands next to the lap dancing establishment causing the sharing of a common wall; and
(C) A lap dancing establishment which commences operation after May 21, 1998* in compliance with this subsection shall not become in violation of this subsection if, after commencement, a liquor selling establishment under different ownership locates or expands next to the lap dancing establishment causing the sharing of a common wall.
A liquor selling establishment locating or expanding next to a lap dancing establishment shall be deemed under “different ownership” if none of the ownership interest in the liquor selling establishment is held, directly or indirectly, by a person holding any ownership interest in the lap dancing establishment.
The exceptions of this subdivision shall not apply in the following situations: when a lap dancing establishment expands its premises to cause the sharing of a common wall with a liquor selling establishment, whether or not under different ownership; when a liquor selling establishment, any ownership interest in which is held by a person holding an ownership interest in a lap dancing establishment, locates or expands next to the lap dancing establishment to cause the sharing of a common wall; and when a liquor selling establishment under different ownership locates or expands next to a lap dancing establishment to cause the sharing of a common wall and, subsequently, a person holding an ownership interest in either establishment acquires an ownership interest in the other establishment.
A lap dancing establishment excepted by this subdivision may continue in noncompliance with this subsection until abandoned, destroyed, stopping all business activity, or ceasing for 30 consecutive days to provide lap dancing. While operating in noncompliance, an establishment shall not expand its lap dancing operation beyond the premises of the establishment as existing on May 21, 1998,* the date of compliance, or the date of operation commencement, as applicable. After a lap dancing establishment is abandoned or destroyed, stops all business activity, or ceases for 30 consecutive days to provide lap dancing, it may commence lap dancing operation again only if complying with this subsection and other provisions of this article.
(d) The owner of a lap dancing establishment in violation of this section shall be deemed the violator. Every day during which the establishment is in violation shall be deemed a separate violation.
(1990 Code, Ch. 41, Art. 40, § 41-40.3) (Added by Ord. 98-18)
Editor’s note:
* “May 21, 1998” is substituted for “the effective date of this ordinance.”