(A) A sexually oriented business already in operation at the time of adoption of this chapter is exempt from this chapter, and must comply only with those laws established in the State of Indiana for the ownership and operation of sexually oriented businesses, establishments which serve alcoholic beverages, or any other law of general application. If a sexually oriented business already in operation at the time of adoption of this chapter should ever change locations, or add to its present location so as to change the facade or frontage of the building from which it operated at the time of adoption of this chapter, or to increase the size of the building it currently inhabits, it will be subject to the chapter upon the opening of its new location and will be required to submit to the permit process as would any other sexually oriented business.
(B) A sexually oriented business lawfully operating as conforming use is not rendered a non-conforming use by the location, subsequent to the grant or renewal of a sexually oriented business permit and/or license, of a church, public or private elementary or secondary school, public park, public building, residential district, or residential lot within 1,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid permit and/or license and does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.
(C) Any establishment subject to the provision of this section shall apply for the permit provided for by § 112.22 within 30 days of the effective date of this chapter.
(D) Upon the adoption of this chapter, the following establishment shall be the only exemption from the provisions of this chapter: None.
(Ord. 1998-12, passed 10-6-98; Am. Ord. 2002-1, passed 1-8-02; Am. Ord. 2009-3, passed 4-21-09) Penalty, see § 112.99