CHAPTER 14
SEXUALLY ORIENTED BUSINESSES
SECTION:
4-14-1: Definitions
4-14-2: Liquor License
4-14-3: Location Of Sexually Oriented Businesses
4-14-4: Exterior Display
4-14-1: DEFINITIONS:
For the purpose of this Chapter, the words and phrases used herein shall have the following meanings, unless clearly indicated by the context:
   ADULT BOOKSTORE: An establishment having as more than twenty five percent (25%) of its stock and trade in books, films, videocassettes (whether for viewing off-premises or on- premises), toys, devices, mechanisms, or magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined herein.
   ADULT CABARET: A cabaret which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.
   ADULT ENTERTAINMENT: Any exhibition of any adult-oriented motion pictures, live performance, display or dance of any type, which has as a significant or substantial portion of such performance any actual or simulated performing of specified sexual activities or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed, pantomime, modeling, or any other personal service offered customers.
   ADULT MINI-MOTION PICTURE THEATER: An enclosed building with a capacity of fifty (50) or less persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined herein, for observation by patrons therein.
   ADULT MOTION PICTURE THEATER: An enclosed building with a capacity of fifty (50) or more persons regularly used for presenting material having as a dominant theme or presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined herein, for the observation by patrons therein.
   PERSON: Any individual, partnership, corporation, association, proprietorship, or other legal entity.
   RELIGIOUS INSTITUTION: A building in which persons regularly assemble for religious worship intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.
   SEXUALLY ORIENTED BUSINESS: Any premises to which the public patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, compartments, or stalls separate from the common areas of the premises for the purpose of viewing adult-oriented motion pictures, or wherein an entertainer provides adult entertainment to a member of the public, a patron, or a member, when such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect. A sexually oriented business further includes, without being limited to, adult bookstores, adult motion picture theaters, adult mini-motion picture establishments, adult cabaret, adult entertainment studio or any premises that is physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term of like import.
   SPECIFIED ANATOMICAL AREAS: A. Less than completely and opaquely covered:
      1.   Human genitals, pubic region;
      2.   Buttocks;
      3.   Female breasts below a point immediately above the top of the areola; and
   B.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
   SPECIFIED SEXUAL ACTIVITIES: A. Human genitals in a state of sexual stimulation or arousal;
   B.   Acts of human masturbation, sexual intercourse or sodomy;
   C.   Fondling or erotic touching of human genitals, pubic region, buttock or female breasts. (Ord. 702, 8-3-1999)
4-14-2: LIQUOR LICENSE:
No liquor license shall be issued and no liquor shall be sold or consumed on the premises of any sexually oriented businesses. (Ord. 702, 8-3-1999)
4-14-3: LOCATION OF SEXUALLY ORIENTED BUSINESSES:
Sexually oriented businesses are permitted in the I-2 Light Industrial and I-3 Heavy Industrial Zoning Districts, provided that no person shall operate or cause to be operated a sexually oriented business within one thousand feet (1,000') of the property boundary of a preexisting:
   A.   Public or private elementary or secondary school; or
   B.   Licensed daycare center; or
   C.   Cemetery; or
   D.   Public park; or
   E.   Public housing; or
   F.   Municipal and other public buildings; or
   G.   Place of religious worship; or
   H.   Residential zoning district; or
   I.   Sexually oriented business.
For the purpose of this Section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where sexually oriented business is conducted, to the nearest property line of the specified use. (Ord. 702, 8-3-1999)
4-14-4: EXTERIOR DISPLAY:
No sexually oriented business shall be conducted in any manner that permits the observation of any material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, side window or other opening. (Ord. 702, 8-3-1999)