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(a) An adult entertainment business is permitted in certain zones, subject to the following restrictions and regulations:
(1) The adult entertainment materials must not be visible from outside the establishment.
(2) Access to the adult entertainment materials must be prohibited to any person under the age of 18 years.
(3) The adult entertainment business must be located at least 750 feet from any property: (A) located in a residential zone, or (B) on which a school, library, park, playground, recreational facility, day care center, place of worship, or other adult entertainment business is located as a principal use. The distance must be measured in a straight line from the nearest property line of the property used for the adult entertainment business to the nearest point of the boundary line of any property located in a residential zone, or on which a school, library, park, playground, recreational facility, day care center, place of worship or other adult entertainment business is located.
(4) An adult entertainment business may continue as a non-conforming use if a school, library, park, playground, recreational facility, day care center, place of worship, or residential zone is established within 750 feet of the adult entertainment business after the business was established.
(5) An adult entertainment business may operate only between the hours of 9:00 a.m. and 11:00 p.m.
(6) If adult booths are located on the premises:
(A) the booths must be physically arranged so that the entire interior portion of the booth is visible from the common areas of the premises;
(B) the booths must not be equipped with a door or curtain that would screen the booth's interior from the common areas of the premises;
(C) the booths must be designed to prevent physical contact with another person.
(D) the booths must be illuminated at all times;
(E) the booths must not allow any holes in the partitions between the adult booths; and
(F) no person under the age of 18 years is permitted to enter the premises.
(b) To provide for a reasonable period of amortization and to prevent unreasonable economic loss, any adult entertainment business existing on May 1, 2000 which does not conform to the requirements of this section, may continue to operate for 18 months following the effective date of the amendment. On or after that date, an adult entertainment business may continue in operation only if it meets the requirements of Section 59-A-6.16.
(Legislative History: Ord. No. 14-19, § 2.)
Editor's note—Section 59-A-6.16 is interpreted in Bigg Wolf Discount Video Movie Sales, Inc. v. Montgomery County, 256 F. Supp. 2d 385 (2003), where the Court upheld the validity of the County's adult entertainment ordinance.