(A) The Plan Commission may approve an Adult Use Permit if the following requirements are met:
(1) The adult use shall be located in an M-2 zone.
(2) The adult use shall not be located within 1,000 feet of any residential zone or any lawfully established nonconforming residential use.
(3) The adult use shall not be located within 1,000 feet of any lot upon which there is legally located a religious institution, public park, or school.
(4) The adult use shall not be located within 1,000 feet of any other adult use.
(5) The adult use shall not be located within 1,000 feet of any establishment serving or furnishing alcoholic liquor.
(6) The adult use shall comply with all applicable development and design standards of the zone in which it is located.
(7) The adult use shall comply with the appropriate sign regulations for the zone in which it is located, said signage also being subject to any restrictions placed upon it by the Special Use Permit.
(8) The adult use shall not be conducted in any portable or mobile structure or pushcart.
(9) The adult use shall conform to the appropriate parking regulations under this chapter and shall not sponsor any special events, promotions, festivals, concerts or other similar events which would increase the demand for parking beyond the approved number of spaces for the particular use.
(10) No adult use shall provide the service, sale, or allow the consumption on the premises, of alcoholic beverages without first obtaining a liquor license and a Special Use Permit to furnish or provide alcoholic liquor pursuant to the procedures set forth in this chapter and Title Eleven of the City Code.
(11) The adult use shall not be conducted with any massage, acupuncture, accupressure, fortune telling, or escort services on the premises;
(12) The permittee shall provide a security system that visually records and monitors all parking lot areas. Recordings made pursuant to this requirement shall be maintained for a minimum of 14 days;
(13) There shall be no display of any sexually oriented material or sexually oriented merchandise on the premises upon which an adult use is conducted which would be visible from any location other than from within the premises;
(14) The premises upon which the adult use is conducted shall not allow admittance of any person under the age of 21 years. The minimum age for admittance shall be posted at the entrance to the premises.
(15) The adult use shall not operate between the hours of 2:00 a.m. and 7:00 a.m.
(16) The premises on which an adult use is conducted shall have separate restroom facilities for male patrons and employees and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females and female patrons and employees shall be prohibited from using the restrooms for males, except to carry out duties of repair, maintenance and clearing of the restroom facilities. The restrooms shall be free from any adult-oriented material. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment.
(17) All areas of the premises on which an adult use is conducted shall be illuminated at a minimum of 15 footcandles evenly distributed at ground level.
(18) No solicitation of trade may be made at or near the entrance to the premises on which an adult use is conducted by any means other than signage which complies with the appropriate sign regulations of the city.
(19) All required permits and licenses shall be conspicuously posted at a location where they may be observed by any member of the public.
(20) Any adult use which permits patrons to view live, filmed or recorded entertainment or to use or consume products or services on the premises, shall conform to the following requirements:
(a) At least one (1) security guard shall be on duty outside the premises patrolling the grounds and parking areas at all times during hours of operation. If the occupancy limit of the premises is greater than 50 persons an additional security guard shall be on duty inside the premises. The security guard shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this code and notifying the City Police Department and HBZ Officer of any violations of law. Said security guard shall be uniformed in such manner as to be readily identifiable to the public as a security guard. No security guard required hereunder shall act as a doorperson, ticket seller, ticket taker, admittance person or any other capacity while acting as a security guard hereunder; and
(b) No exterior window or door on the premises in which an adult use is conducted shall be propped or kept open at any time during hours of operation. Any exterior windows shall be covered with opaque covering at all times; and
(c) Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the premises on which an adult use is conducted.
(21) The following additional requirements shall pertain to adult coin operated businesses, adult arcades, or any adult use which provides one or more individual viewing areas:
(a) The application for the adult use shall be accompanied by a diagram of the premises showing a plan specifying the location of one or more manager's stations, the location of all overhead lighting fixtures, and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area and no dimension may exceed eight (8) feet. Each such diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale with marked dimensions sufficient to show the various internal dimensions of all areas of the interior; and
(b) At least one (1) employee shall be on duty and situated at a manager's station at all times that any patron is present; and
(c) The interior shall be configured in such a manner so that there is an unobstructed view from a manager's station of every area to which any patron is permitted access, excluding restrooms. If two (2) or more manager's stations are designated, then the interior shall be configured in such a manner that there is an unobstructed view of every area to which any patron is permitted access, excluding restrooms from at least one of the stations. The view required by this subsection shall be by direct line of sight. No alteration in the configuration of the interior floorplan may be made without the consent of the HBZ Officer; and
(d) All individual viewing areas within the premises shall be visible from a continuous and visually accessible main aisle in a public portion of the establishment, and shall not be obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing into the individual viewing area; and
(e) No individual viewing area shall be occupied by more than one (1) person at any time; and
(f) Individual viewing areas shall be operated and maintained without any hole or other opening or other means of direct communication or visual or physical access between the interior space of two (2) or more individual viewing areas.
(B) Measurement of distance.
(1) The distance between an adult use and the uses listed in subsections §§ 155.114(A)(2), 155.114(A)(3), 155.114(A)(4), and 155.114(A)(5) of this section shall be measured in a straight line, without regard to intervening structures, from the closest property line of the parcel on which the adult use is conducted to the nearest property line of the parcel on which such uses listed in subsections §§ 155.114(A)(2), 155.114(A)(3), 155.114(A)(4), and 155.114(A)(5) of this section are located.
(C) Inspections. The permittee shall permit officers of the city to conduct unscheduled inspections of the premises on which the adult use is operated for the purpose of insuring compliance with the law at any time the adult use is open to the public.
(D) Revocation.
(1) Revocation grounds. The HBZ Officer shall recommend revocation of an Adult Special Use Permit upon discovering that any of the following have occurred:
(a) The adult use has been or continues to be operated in violation of any of the requirements of this section, a written notice of such violation has been sent to the permittee and the violation continues or reoccurs within six (6) months of service of the notice; or
(b) The application is found to contain incorrect, false, or misleading information; or
(c) A court of competent jurisdiction has found the adult use to constitute a public nuisance.
(2) Revocation notice. Upon determining that the grounds for revocation exist the HBZ Officer shall furnish written notice of the revocation to permittee. Such notice shall summarize the principle reasons for the revocation, and shall state that the permittee must abate any and all violations of this Code within ten (10) calendar days from the date of the notice. Absent a timely compliance with the revocation notice, the revocation notice shall be forwarded to the Plan Commission for review.
(E) Moratorium after revocation. If an Adult Use Permit is revoked no Adult Use Permit shall be issued for the same location for a period of two (2) years from the effective date of revocation.
(Ord. 3142, passed 1-26-98)