No “adult entertainment business,” as listed and defined in subsections 1 through 8 of Section 126.02 of this chapter, which is distinguished or characterized by an emphasis on “sex acts” as defined in Section 126.02(9) or “specified anatomical areas” as defined in Section 126.02(10) shall be established within 1,000 feet of another business, school, church, public park, public playground, public plaza, day nursery, day care center, nursery school, regularly scheduled school bus stop, or any dwelling (one-family, two-family or multiple dwelling). Licensed premises, as defined in Section 123.3, subsection 20, of the Code of Iowa, are exempt from the provisions of this section but are still bound by the provisions of Chapter 728.5 of the Code of Iowa, dealing with “public indecent exposure in certain establishments.”
For use in this chapter, the following terms are defined:
1. “Adult amusement or entertainment” means an amusement or entertainment which is distinguished or characterized by a predominant usage of, display of, or emphasis on acts or material depicting, describing or relating to “sex acts” or specified anatomical areas, as defined herein, including, but not limited to, topless or bottomless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment.
2. “Adult bookstore” means an establishment having as a predominant portion of its stock in trade books, film, magazines and other periodicals or goods and items held for sale which are distinguished or characterized by an emphasis on matter depicting or describing “sex acts” or “specified anatomical areas.”
3. “Adult hotel or motel” means a building with accommodations used for the temporary occupancy of one or more individuals and is an establishment wherein material is presented which is distinguished or characterized by a predominant emphasis on depicting or describing “sex acts” or “specified anatomical areas” for observation by the individuals therein.
4. “Adult motion picture arcade” means any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing “sex acts” or “specified anatomical areas.”
5. “Adult motion picture theater” means an enclosed building used predominantly for presenting material distinguished or characterized by an emphasis on matter depicting or describing “sex acts” or “specified anatomical areas.”
6. “Adult photo studio” means an establishment which, upon payment of a fee, provides photographic equipment and/or models for the purpose of photographing “specified anatomical areas” or “sex acts” as defined herein.
7. “Massage parlor” means any building, room, place or establishment, where manipulated massage or manipulated exercise is practiced for pay upon the human body with an emphasis on “sex acts” or “specified anatomical areas,” by anyone not a duly licensed physician, nurse operating under a physician’s direction, physical therapist, registered speech pathologist and physical or occupational therapist who treat only patients recommended by a licensed physician and operate only under such physician’s direction, whether with or without the use of mechanical, therapeutic or bathing devices. The term does not include a regular licensed hospital, medical clinic or nursing home or duly licensed beauty parlors or barber shops or therapeutic massage not within the above prohibited conduct.
8. “Sexual encounter center” means any business, agency or persons who, for any form of consideration or gratuity, provide a place where three or more persons may congregate, assemble or associate for the primary purpose of engaging in “sex acts” or exposing “specified anatomical areas.”
9. “Sex acts” means any sexual contact, actual or simulated, either natural or deviate, between two or more persons, or between a person and an animal, by penetration of the penis into the vagina or anus, or by contact between the mouth or tongue and genitalia or anus, or by contact between a finger of one person and the genitalia of another, or by use of artificial sexual organs or substitute thereof in contact with the genitalia or anus.
10. “Specified anatomical areas” include the following: human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola.
The following regulations govern the establishment of adult entertainment businesses:
1. The “establishment” of an adult entertainment business includes the opening of such business as a new business, the relocation of such business, or the conversion of an existing business location to any of the uses described as an adult entertainment business in subsections 1 through 8 of Section 126.02 of this chapter.
2. Measurement of the 1,000-foot restriction shall be taken on a direct line from the property line of such adult entertainment business to the point on the property line of another business, school, church, public park, public playground, public plaza, day nursery, day care center, nursery school, regularly scheduled school bus stop, or any dwelling (one-family, two-family or multiple dwelling) .
3. All buildings used for adult entertainment shall have their openings, entries, windows, etc., constructed, located, covered or screened in such a manner as to prevent a view into the interior of such building from any pedestrian sidewalk, walkway, street or other public or semi-public area. Advertisements, displays or other promotional materials shall not be shown or exhibited so as to be visible to the public from the pedestrian sidewalks, walkways, or other public or semi-public area.
4. No alcohol shall be permitted in any adult entertainment business, unless specifically authorized by Iowa law. This prohibition applies equally to the proprietor and the patrons of the adult entertainment business.
5. No minor, as defined by Chapter 46 of this Code of Ordinances, shall be permitted in any adult entertainment business.