In the development and execution of these regulations, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area.
(A) Setbacks.
(1) None of the following uses may be established, operated or maintained within 350 feet of a residence, a church, a school meeting all the requirements of the Compulsory Education Laws of the state, or a public park:
(a) Adult bookstore;
(b) Adult motion picture theater;
(c) Adult photo studio;
(d) Adult entertainment facility;
(e) Any use which has as a part of its operation an adult use component including, but not limited to, a restaurant or eating place, a bar, lounge or tavern; or
(f) Any use intended to provide adult amusement or entertainment.
(2) Not more than two of the following uses may be established, operated or maintained within 350 feet of each other:
(a) Adult bookstore;
(b) Adult motion picture theater;
(c) Adult photo studio;
(d) Adult entertainment facility;
(e) Any use which has as a part of its operation an adult use component including, but not limited to, a restaurant or eating place, a bar, lounge or tavern;
(f) Any use intended to provide adult amusement or entertainment;
(g) A bar; and
(h) A liquor store.
(3) The 350-foot restriction provided for in division (A)(2) above may be waived and a conditional use permit issued upon proper application if the Board of Adjustment finds:
(a) The proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of these regulations will be observed;
(b) The proposed use will not enlarge or encourage the development of a ‘skid row’ area; and
(c) All applicable regulations will be observed.
(B) Required license. It shall be unlawful for any person to engage in the business of operating an adult use in the city without first having obtained a license from the City Council.
(C) Application: standards for issuance.
(1) Application for an adult use license shall be made in writing and shall state the following:
(a) The name, address, telephone number and age of the applicant and the registered agent of the applicant if the applicant is a corporation;
(b) The location of the adult use business;
(c) The exact nature of the adult use to be conducted and of the proposed place of business and the facilities related thereto;
(d) A statement by the applicant that he or she is familiar with the provisions of this section and is in compliance with them;
(e) A statement of whether the business will be conducted by a manager and, if so, the name, address, telephone number and age of each such manager; and
(f) A statement that no manager or principal operating the business has been convicted of any offense of prostitution, soliciting for prostitution, or obscenity or public indecency as defined in the state statutes within the last two years, and that the applicant has not had any license for an adult use in any other community revoked within the last two years.
(2) Within 15 days after receipt of an application, for an adult use license, the City Council shall investigate the information contained in the application and shall determine the following:
(a) The premises designated by the applicant as the location of the business are in full compliance with all applicable ordinances of the city, including zoning ordinances.
(b) The premises and each manager and employee comply with the provisions of division (C)(1) above as such provisions apply to them.
(c) The applicant, each manager and each employee are over 21 years of age.
(d) No manager or principal operator of the business has been convicted of any offense of prostitution, solicitation for prostitution, or obscenity or public indecency, as defined in the state statutes within the last two years, and that the applicant has not had any license for an adult use revoked within the last two years.
(3) If the investigation shows the compliance of the applicant for an adult use license, the premises upon which the business is to be conducted and each manager and employee, if applicable, with each of the requirements established in divisions (C)(1) and (C)(2) above, and with the conditions and regulations set forth in this division (C) within 15 days after completion of such investigation, the City Council shall issue a license, and upon payment by the applicant of the license fee required under this subchapter, the license shall be issued.
(4) If the investigation shows that the applicant for an adult use license, the premises on which the business is to be conducted, or the managers and employees, if applicable, do not comply with each of the requirements established in division (C)(1) above, and with the conditions and regulations set forth in division (D) below within 15 days after completion of such investigation, the City Council shall notify the applicant in writing that, the license has been denied. Such denial shall be the final administrative action of the city with respect to the license application, and shall be subject to the immediate appeal by the applicant to the Circuit Court.
(D) Conditions and regulations governing operation; violation; penalty.
(1) The following regulations shall govern and control the business of operating an adult use in the city.
(a) No person under 21 years of age shall be allowed on the licensed premises.
(b) At all times during the hours of operation there shall be present a manager or other employee of the licensee who shall be not less than 21 years of age.
(c) Upon a change of any manager conducting business for the licensee, the licensee shall, within ten regular business days, give the City Council written notice of such change by actual delivery or by registered or certified mail. The licensee shall, thereafter, as promptly as practicable, but in any event within five regular business days, provide the information concerning the new manager which is required in division (C) above.
(d) No adult use shall be located on premises for which a license to sell alcoholic liquor has been issued, and no alcoholic liquor shall be permitted on such premises.
(e) No adult use shall be permitted unless the premises on which such business is located complies with the requirements of this chapter.
(f) No licensee or manager under the provisions of this section shall knowingly permit any person to remain in or upon licensed premises who commits any act of public indecency or obscenity as defined in the state statutes.
(g) No licensee or manager under the provisions of this section shall permit any act of prostitution, solicitation for prostitution or patronization of a prostitute on the licensed premises.
(h) No sign shall be posted on the licensed premises which depicts, displays or refers to specified anatomical areas or specified sexual activities, as defined in this subchapter.
(2) In addition to the requirements established in division (D)(1) above, the following regulations shall govern and control the operation of an adult bookstore which offers any films or videotapes for viewing on premises by use of motion picture devices or other such operations means:
(a) All viewing areas, which shall be defined as the area where a patron or customer would ordinarily be positioned while watching a film or viewing device, shall be visible from a continuous main aisle or public room and shall not be obscured by any curtain, door, wall or other enclosure;
(b) There shall be no aperture whatsoever in any wall or partition between viewing areas; and
(c) Each viewing area shall be lighted at a minimum level of ten footcandles in all parts thereof.
(3) In addition to the requirements established in division (D)(1) above, the following regulations shall govern and control the operation of an adult entertainment facility.
(a) All performers shall be at least 21 years of age.
(b) All performances, exhibitions or displays shall take place on a platform raised at least two feet from the level of the floor, and located at least ten feet from any patron.
(c) No performer shall fondle or caress any patron or other performer and no patron shall fondle or caress any performer.
(d) No patron shall be permitted to pay or give any gratuity to any performer, and no performer shall solicit any pay or gratuity from any patron.
(4) It shall be unlawful for any person licensed to engage in the business of operating an adult use within the city to fail to comply with the conditions and regulations set forth in divisions (C) and (D) of this section as they are applicable to the licensed business, or to suffer or permit noncompliance with such conditions and regulations on or within the licensed premises. In this regard, any act or omission of an employee shall be deemed the act or omission of the owner if such act or omission occurred either with the authorization, knowledge or approval of the owner or as a result of the owner’s negligent failure to supervise the employee’s conduct. All conduct occurring while on the premises shall be presumed to be the responsibility of the owner.
(5) Any person convicted of a violation of this section shall be subject to a fine pursuant to § 154.99(B).
(E) Suspension or revocation. Nothing in the terms of this section shall preclude the right of the City Council to suspend or revoke the license of the licensee, as follows.
(1) The City Council may temporarily suspend any license issued under the terms of this section when he or she has reason to believe that the continued operation of a particular licensed premises will immediately threaten the welfare of the community or create an imminent danger of violation of applicable law. In such case, he or she may, upon the issuance of a written order stating the reason for such determination, and without notice or hearing, order the licensed premises closed for not more than seven days; provided, that the licensee shall be given an opportunity to be heard in a public hearing during the seven-day period, and further provided that if such licensee shall also be engaged in the conduct of other business on the licensed premises, such order shall not be applicable to such other businesses.
(2) The City Council may suspend or revoke any license issued under the terms of this section upon ten days notice to the licensee of the time and place of a public hearing, and a public hearing at which the licensee may appear and present evidence, if the City Council determines upon such hearing that the licensee has failed or refused to comply with the terms of this section, has failed or refused to comply with other law applicable to the business of operating an adult use, has knowingly permitted the failure of any manager or employee on the premises to comply with the terms of this section or with other law applicable to the business of operating an adult use, has knowingly furnished false or misleading information on any application required for any license under this section or has suffered or caused another to furnish or withhold such information on his or her behalf, or has been convicted by a court of competent jurisdiction of a violation of any provision of this section.
(Ord. passed 7-7-2014) Penalty, see § 154.99