(A) A retail establishment which devotes more than 5% of its gross public floor area or 5% of the number of items in inventory to sexually-explicit material, but which devotes less than 30% of its gross public floor area and less than 30% of the number of items in inventory to sexually-explicit material shall be treated for zoning purposes as a book or media shop and not as a sexually oriented media shop, provided that it meets the following conditions:
(1) All sexually-explicit media shall be maintained in a room that is separated from other material by an opaque wall that extends to the ceiling or eight feet above the floor, whichever is less;
(2) Access to the room containing the sexually-explicit media shall be through an opaque, solid door;
(3) The room containing sexually-explicit media shall be posted with a notice indicating that only persons 18 years of age or older are allowed in the room; and
(4) Access to the room shall be physically limited to adults through control of access by an employee of the store, through use of an access release located at least 66 inches off the floor, or through constant monitoring of the room by an employee on duty through electronic means or through a window or mirror providing visibility into the room from the manager’s or cashier’s work station.
(B) A business conforming with this standard shall not be considered a sexually oriented business.
(Ord. O-C-07-6, passed 10-9-2007)