A. Prohibited Business Locations: It shall be unlawful for any sexually oriented business to do business at any location within an area zoned R-1, R-2, R-3, NS, CBD, or RT. Sexually oriented businesses licensed as adult businesses, nude entertainment businesses, or seminude dancing bars pursuant to this chapter shall only be allowed in areas zoned for their use.
B. Special Use Permit: Any sexually oriented business may be located in an area of the city zoned AB or M-1, but only with a special use permit approved and issued pursuant to title 17 of this code.
C. Separation: In recognition of Idaho Code section 67-6533, the following distance separations shall be required:
1. No sexually oriented business shall be allowed within one thousand feet (1,000') of another existing adult entertainment establishment.
2. No sexually oriented business shall be located within two thousand five hundred feet (2,500') of any of the following:
a. Any public or private school;
b. Any public library, park, or recreation facility;
c. Any licensed daycare, childcare, after school program facility, whether public or privately operated;
d. Any hospital, or any facility used for the treatment or care of the aging, the physically disabled, the mentally ill, or those addicted to or dependent on alcohol or other drugs;
e. Any correctional or detention facility used by any agency of government to house those charged with or convicted of any crime;
f. Any public or private business that sells alcoholic liquor, beer, wine, or any spirits;
g. Any government owned building or facility open to the general public;
h. Any existing movie theater; or
i. Any place generally known to be frequented by minors.
3. No sexually oriented business shall be located within five hundred feet (500') of any existing open space zoning district or zoning district, as defined herein, within the city of Jerome, Idaho, or the area of city impact.
D. Prohibitions: Notwithstanding any other provision of this code, it shall be unlawful for any person, business, association, or enterprise to host, provide, present, display, sponsor, or promote at any location within the city limits, any live, adult entertainment, where such entertainment is located within walking distance of any of the following:
1. Any public or private school;
2. Any public library, park, or recreation facility;
3. Any licensed daycare, childcare, after school program facility, whether public or privately operated;
4. Any hospital, or any facility used for the treatment or care of the aging, the physically disabled, the mentally ill, or those addicted to or dependent on alcohol or other drugs;
5. Any correctional or detention facility used by any agency of government to house those charged with or convicted of any crime;
6. Any public or private business that sells alcoholic liquor, beer, wine, or any spirits;
7. Any government owned building or facility open to the general public; or
8. Any public place generally known to be frequented by minors.
E. Evidence Required: The applicant shall provide evidence certified by a professional land surveyor licensed in the state of Idaho that the proposed sexually oriented business conforms to the separation requirements of subsections C and D of this section.
F. Exterior Display:
1. Except as provided in this chapter, all sexually oriented businesses shall comply with the zoning regulations of title 17 of this code, including, but not limited to, chapter 17.32 of this code.
2. Any business providing adult entertainment or adult material shall have in place at each entrance to such business a legible door sign (as defined herein) stating "Persons under 19 years of age not permitted". The sign shall be no less than 0.5 square foot and no greater than one square foot in area.
3. Sexually oriented business shall have no more than one business or advertising sign, which sign shall only be permitted on the front facade. Such sign shall have a surface area of no larger than five percent (5%) of the front building facade of the first floor elevation (first 10 feet) of the premises occupied by the licensee, or twenty (20) square feet, whichever is less.
4. Any sign or advertisement for any sexually oriented businesses shall not be posted on any property not designated by the sexually oriented business license issued under this chapter.
5. Signs may be illuminated, but such illumination shall not be by way of exposed neon, exterior lighting such as spot or flood lights, or any flashing or animated lights, whether interior to the sign, exterior to the sign, or as a border to the sign.
6. Such advertisements may not contain any graphic words, phrases, or images describing or showing any specified sexual activities or specified anatomical areas.
7. No sexually oriented business shall, in any manner, advertise, or permit the observation of any live entertainment, or other adult materials, depicting, describing, or relating to specified sexual activities or specified anatomical areas by display, decoration, sign, show window, or other opening viewable from any public street, alley, sidewalk or other right of way. Such businesses shall ensure that any window, entrances or other exterior opening be completely covered so as to be opaque. (Ord. 1005 §1, 2006)