1142.01 LOCATION.
(a) No person shall cause or permit the establishment of an adult entertainment business within one mile of a public or private school, pre-school or day care center or 1,000 feet of any residential zoning district, residential dwelling, church or park. For purposes of this Zoning Ordinance, distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the building within which the adult entertainment business is located to the nearest:
(1) Residential district boundary line; or
(2) Property lines of the premises of a public or private school, pre-school or day care center or residential zone, residential dwelling, church or park.
(b) "Establishment" means the opening of a new business, the relocation of an existing business or the conversion of an existing business.
(c) "Adult entertainment business" means a business establishment or enterprise which presents material or performances that have an emphasis on entertainment which show, depict or display the human body in:
(1) Less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola; or
(2) Human male genitals in a discernible turgid state, even if completely or opaquely covered.
(d) "Presents" means creates, produces, directs, publishes, advertises, sells, rents, disseminates, distributes or displays.
(e) "Performance" shall be defined as provided in Section 666.01 of the Codified Ordinances.
(f) The purposes of this section are to prevent crime, protect the City's retail trade and established regional office centers, maintain property values and generally to protect and preserve the quality of the City's neighborhoods, urban life and commercial districts and not to suppress First Amendment rights of free speech.
(g) Each subsection of this section is an independent part thereof and the holding of any section of this chapter to be unconstitutional, void, beyond authority of the City or legally ineffective for any reason shall not affect the validity or constitutionality of any other section of this chapter.
(Ord. 1992 47. Passed 1-12-93.)