(a) Definitions. For the purpose of this section, the words and phrases defined hereunder shall have the meaning therein respectively ascribed to them unless a different meaning is clearly indicated by the context.
(1) “Nude dancing” or “dance nude” means any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance involves a person who:
A. Is unclothed or in such attire, costume or clothing as to expose to view any portion of the breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals; or
B. Touches, caresses or fondles the breast, buttocks, anus, genitals or pubic region of a patron, or permits the touching, caressing or fondling of their own breast, buttocks, anus, genitals or pubic region by a patron, with the intent to sexually arouse or excite the patron.
(2) “Nude dancing premises or adult entertainment premises” means any premises to which the public, patrons, or members are invited or admitted and wherein an entertainer provides nude dancing or provides adult entertainment to a member of the public, a patron, or a member; or any premises which is primarily used for the sale, rent, exhibition or distribution of materials, including magazines, catalogs, pictures or other printed material, video tape, movies, CD ROMS or other electronic or computer media, or other physical representations which are intended to appeal to the prurient interest and or any sexually oriented business such business being distinguished or characterized by an emphasis on acts or materials depicting, portraying, describing or relating to sexual conduct or human genitals, pubic region, buttocks, anus, or any portion of the breasts below the top of the areola.
(3) “Employee” means any and all persons, including managers, entertainers and independent contractors, who work in or at or render any services directly related to the operation of an adult entertainment premises.
(4) “Entertainer” means any person who on any occasion provides adult entertainment within an adult entertainment premises as defined in this section, whether or not a fee is charged or accepted for entertainment, or whether or not the entertainer is paid.
(5) “Entertainment” means any exhibition or dance of any type, pantomime, modeling or any other performance or the showing or broadcast of movies, videotapes, CD ROMs or other electronic or computer media, either privately or in groups, on premises as defined in paragraph (2) above.
(6) “Manager” means any person who manages, directs, administers or is in charge of, the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment premises.
(7) “Operator” means any person operating, conducting or maintaining an adult entertainment business or premises.
(8) “Person” means any individual, partnership, corporation, trust, incorporated or unincorporated association, joint venture, or other entity or group of persons however organized.
(9) “Public place” means any area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and automobiles whether moving or not.
(10) “Premises” means any place operated as a business whether licensed or unlicensed, customarily open to the public. For purposes of this article, the receipt of donations, admission fees, membership fees or dues, “cover” charges or any other activity engaged in with the object of gain or economic benefit (direct or indirect) shall constitute business activities.
(b) Hours of Operation. It is unlawful for any person to cause any nude dancing premises or adult entertainment premises to remain open to the public, or to conduct or operate business, whether for adult entertainment or otherwise, between the hours of 2:00 a.m. and 7:00 p.m.
(c) Location.
(1) No adult entertainment premises shall be located within 400 feet of any other such use, or located within 500 feet of the boundaries of any residential zone, or 500 feet from any existing residential areas defined for the purpose of this section as a block frontage developed within fifty percent (50%) or more residential uses; or located within 1,000 feet of any permanent structure used as a church, or place of religious worship, or located within 2,000 feet of any public or parochial school, or anywhere within the “C-4" Downtown Commercial District.
(Ord. 82(12-13). Passed 5-17-12.)
(2) Any existing operational adult businesses which do not presently meet any or all of the locational requirements shall be deemed a nonconforming use.
(3) Such restriction, as to distance requirements as between adult entertainment premises, shall apply to compartmentalized buildings or structures, the same as if such compartmentalized buildings or structures where one building or structure. Such restriction as to distance requirements shall be enforced in any and all directions, including but not limited to, north, south, east, west and where vertical or horizontal distance measurements are required, such restriction shall likewise apply.
(4) The measurement of distance as provided for herein shall be measured in a straight line from and to the nearest points of the respective properties as referred to herein.
(5) No portion of any wall of any building which separates an adult entertainment premises from any other business activity shall be remodeled or altered in any manner to permit access to or viewing of adult entertainment in an adjoining or adjacent building.
(Ord. 198 (98-99). Passed 4-7-99.)