Adult entertainment establishments shall be permitted in those zoning classifications as in which the underlying activity is a permitted use, unless otherwise established by the zoning ordinances of the City of Middletown, Ohio. Adult entertainment establishment are subject to the following additional restrictions:
(a) Adult entertainment establishments shall close not later than 12:00 midnight and shall not reopen earlier than 12:00 noon.
(b) No adult entertainment establishment shall be established and/or operated within a radius of 500 feet of any area where residences are zoned as a permitted use.
(c) No adult entertainment establishment shall be established and/or operated within a radius of 1,000 feet of any church, permanently established place of worship, school, hospital, library, public playground or public park.
(d) No adult entertainment establishment shall be established and/or operated in a structure which is attached or adjacent to any hotel, motel or other establishment which offers sleeping rooms for let on a daily or less than daily basis.
(e) (1) No adult entertainment establishment shall be established and/or operated within a radius of 250 feet of another adult entertainment establishment.
(2) All distances in this division shall be measured in a straight line, without regard to intervening structures or objects from the nearest point of the property line where the adult entertainment establishment is conducted, to the nearest point of the property line of the residential zone, predominantly residential area, church, permanently established place of worship, school, hospital, library, public playground, public park, or other adult entertainment establishment.
(f) No advertisements, displays or other promotional materials shall be shown or exhibited to be visible to the public from pedestrian sidewalks or walkways or from other areas, public or semipublic.
(g) All building openings, entries, windows, etc., for adult uses shall be located, covered, or serviced to prevent a view into the interior from any public or semipublic area, sidewalk, or street. For new construction, the building shall be oriented so as to minimize any possibility of viewing the interior from public or semipublic areas.
(h) No screens, loudspeakers or sound equipment shall be used for adult motion picture theaters (enclosed or drive-in) that can be seen or discerned by the public from public or semipublic areas.
(i) Off street parking shall be provided in accordance with zoning requirements for similar uses.
(j) No person under 18 years of age shall be employed by or serve as an agent or independent contractor for the adult entertainment establishment, whether fulltime or part time, and regardless of whether such individual is compensated in any manner.
(k) The permittee shall file a list of employees with the Chief of Police, and shall file an amended list at any time there is a change in personnel (within 20 calendar days of any change). The list shall state the name, date of birth, and position of each employee.
(l) The owner, operator, or person in charge of the adult entertainment establishment shall exercise adequate supervision to insure that the employees, agents and independent contractors comply at all times with these regulations and the laws of Ohio.
(m) All off street parking areas and premises entries of the business shall be illuminated from dusk until closing hours of operations with a lighting system which provide an average maintained horizontal illumination of one (1.0) foot candle of light on the parking surface.
(n) The permittee shall not allow any portion of the interior premises to be visible from outside the premises.
(Ord. O2007-18, passed 2-20-2007)