A. License Required: It is unlawful for any person to operate, conduct, carry on or maintain a sexually oriented business in the county without first having obtained a license as herein provided. A separate license must be applied for, and issued, for each location, place or premises used, prior to the conduct of such business.
B. Location Restricted: Prior to consideration for licensing, the applicant must comply with the appropriate county zoning requirements and certify that the proposed sexually oriented business will be located a minimum of one thousand feet (1,000') from the following, which the commission finds to be consistent with the operation of a regulated establishment: (1983 Code § 5.24.030; amd. 2003 Code)
1. A childcare facility;
2. A church or place of religious worship;
3. A dwelling;
4. A hospital;
5. A school;
6. A public building;
7. A public park;
8. A building where any alcoholic liquor is distributed;
9. A building where any licensed gambling is conducted;
10. Another sexually oriented business.
Note: The one thousand feet (1,000') referred to (excepting subsections B5 and B7 of this subsection), must be determined by a direct line measurement from the primary entrance of the structure noted in subsection B of this section, without regard to intervening structures, to the proposed primary entrance of the sexually oriented business. Items listed in said subsections B5 and B7 of this section must be measured in a direct line measurement from the proposed primary entrance of the sexually oriented business to the nearest point on the property line of the land use.
C. Application For Exemption; Nonconforming Uses:
1. Any person aggrieved by this section may make application to the commission for an exemption to the locational requirement.
2. Any sexually oriented business lawfully operating on March 15, 1994, that is in violation of this section is deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed six (6) months, unless sooner terminated for any reason, or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming use must not be increased, enlarged, extended or altered except that it may be changed to a conforming use.
3. If two (2) or more sexually oriented businesses are within one thousand feet (1,000') of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later established business is nonconforming. (1983 Code § 5.24.030)
D. Request For Inspections: Prior to the issuance of any business license by the commission, the applicant must submit a request for required department signature inspections, pursuant to subsection 4-2-9B of this chapter. (2003 Code)