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Sexually oriented businesses shall be permitted only in the IL (industrial light) or IH (industrial heavy) zone and shall otherwise be subject to the provisions of this zoning ordinance applicable to such zones, together with the provisions of this chapter. In the event of any conflict between the zoning ordinance and this chapter, then the provisions of this chapter shall control. Permits for sexually oriented businesses shall be required and governed by the procedures and policies specified in section 8-19-9 of this chapter. In addition, any person who owns, operates or controls a sexually oriented business shall be subject to the following restrictions:
A. The person commits a misdemeanor if he operates or causes to be operated a sexually oriented business except as provided in section 8-19-3 of this chapter.
B. The person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within one thousand five hundred feet (1,500') of the following:
1. Any religious institution;
2. Any school;
3. The boundary of any residential zone;
4. A public park adjacent to any residential zone;
5. A property line of a lot devoted to residential use; or
6. A boys' club, girls' club, or similar existing youth organization, except as provided in subsection 8-19-3C of this chapter.
C. A person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within one thousand feet (1,000') of another such business, which will include any adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor or any sexual encounter establishment, except as provided in subsection 8-19-3C of this chapter.
D. A person commits a misdemeanor if he causes or permits the operation, establishment, or maintenance of more than one sexually oriented business within the same building, structure, or portion thereof, except as provided in subsection 8-19-3C of this chapter, or causes the substantial enlargement of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.
E. It is a defense to prosecution under this section if a person appearing in a state of nudity did so in a modeling class operated:
1. By a proprietary school, licensed by the state of Idaho; a college, junior college, or university supported entirely or partly by taxation;
2. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
3. In a structure:
a. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;
b. Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class; and
c. Where no more than one nude model is on the premises at any one time. (Ord. 411, 8-14-2002)