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(a) If the Planning Commission denies the issuance of a license, it shall send to the applicant or licensee, by certified mail, return receipt requested, written notification of the denial.
(b) If the Planning Commission denies the issuance of a license based upon a provision of Section 785.13(a), the applicant or licensee whose application has been denied shall have the right to appeal to the Board of Zoning Appeals. An appeal accompanied by an application fee must be filed within thirty (30) days after receipt of the notice of denial. The Secretary of the Board of Zoning Appeals will place the appellantrequest on the Boardagenda for the next available meeting date.
(c) The Board of Zoning Appeals may waive the 1,000-foot separation regulation if all of the following findings are made:
(1) The proposed use will not be contrary to the public interest or injurious to nearby properties, and the spirit and intent of this chapter will be observed;
(2) The proposed use will not enlarge or encourage the development of a rowarea;
(3) The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation, nor will it interfere with any program of urban renewal; and,
(4) All applicable regulations of this chapter have been observed.
(d) Prior to granting such regulated use, the Board shall give due notice of receipt of any application under such consideration (notice of application) to all persons to whom any real property within 1,000 feet of the premises in question shall be assessed; to the occupants of all single, two, three and four-family buildings; to the managers of all multi-unit buildings over four families (who shall be requested to post such notice in an appropriate location within the multi-unit building); to all places within 1,000 feet; and to any neighborhood improvement organization known to exist in the area which has informed the Board in writing of its existence. Such notice shall be delivered by mail addressed to the respective owners. If the tenantname is not known, the term may be used.
(e) The Board, upon consideration of the public response and the factors listed in subsection (c) hereof, may recommend the granting of such license and shall refer the matter to Council.
(f) Upon consideration of such matter and the standards set forth in this chapter, Council may order the granting of such license by the affirmative vote of not less than a majority of its members, whereupon the Building Inspector shall issue a license in accordance with such order. In considering such appeal and such recommendation, the Board and Council may require additional data from the applicant reasonably related to the factors to be considered in taking action thereon. In cases where the recommendation of the Board is unfavorable to grant the appeal, no approval shall be given or order for permit issued except upon the vote of five members of Council.
(Ord. 6-2001. Passed 4-12-01.)
(a) A person commits an offense if he or she operates, or causes to be operated, an adult entertainment establishment within 1,000 feet of:
(1) A church;
(2) A public or private elementary or secondary school;
(3) A boundary of a residential, multi-family or historical district, as defined in these Codified Ordinances;
(4) A public park; or
(5) The property line of a lot devoted to a residential or multi-family use, as defined in these Codified Ordinances.
(b) A person commits an offense if he or she causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of an adult entertainment establishment within 1,000 feet of another adult entertainment establishment. A person commits an offense if he or she causes or permits the operation, establishment or maintenance of more than one adult entertainment establishment in the same building, structure or portion thereof, or if he or she causes or permits the increase of floor area of any adult entertainment establishment in any building, structure or portion thereof containing another adult entertainment establishment.
(c) For the purpose of subsection (a) hereof, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where an adult entertainment establishment is conducted to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district or residential lot.
(d) For purposes of subsection (b) hereof, the distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures or objects, from the closes exterior wall of the structure in which each business is located.
(e) Any adult entertainment establishment lawfully operating in the Village of Perry that is in violation of subsection (a), (b) or (c) hereof, shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed five years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use. If two or more adult entertainment establishments are within 1,000 feet of one another and are otherwise in a permissible location, the adult entertainment establishment which was first established and continually operating at a particular location is the conforming use and the later established businesses are nonconforming.
(f) An adult entertainment establishment lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the adult entertainment establishment license, of a church, public or private elementary or secondary school, public park, residential district or residential lot within 1,000 feet of the adult entertainment establishment. This provision applies only to the renewal of a valid license and does not apply when an application for a license is submitted after a license has expired or has been revoked.
(Ord. 6-2001. Passed 4-12-01.)
(a) A nude model studio shall not employ any person under the age of eighteen years.
(b) A person under the age of eighteen years commits an offense if he or she appears in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under the age of eighteen years was in a restroom not open to public view or two persons of the opposite sex.
(c) A person commits an offense if he or she appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right of way.
(d) A nude model studio shall not place or permit a bed, sofa or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.
(Ord. 6-2001. Passed 4-12-01.)
(a) A person commits an offense if he or she knowingly allows a person under the age of eighteen years to appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
(b) A person under the age of eighteen years commits an offense if he or she knowingly appears in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
(c) It is a defense to prosecution under subsections (a) and (b) hereof if the person under the age of eighteen years was in a restroom not open to public view or to persons of the opposite sex.
(Ord. 6-2001. Passed 4-12-01.)
(a) Evidence that a sleeping room in a hotel, motel or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this chapter.
(b) A person commits an offense if, as the person in control of a sleeping room in a hotel, motel or similar commercial establishment that does not have an adult entertainment establishment license, he or she rents or sub rents a sleeping room to a person and, within ten hours from the time the room is rented, he or she rents or sub rents the same sleeping room again.
(c) For the purpose of subsection (b) hereto, or rentmeans the act of permitting a room to be occupied for any form of consideration.
(Ord. 6-2001. Passed 4-12-01.)
(a) A person who operates or causes to be operated an adult entertainment establishment, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette or other video reproduction, which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(1) Upon application for an adult entertainment establishment license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more managerstations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A managerstation may not exceed thirty-two square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineeror architectblueprint shall not be required. However, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Planning Commission may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(2) The application shall be sworn to be true and correct by the applicant.
(3) No alteration in the configuration or location of a managerstation may be made without prior approval of the Planning Commission.
(4) It is the duty of the owners and operators of the premises to ensure that at least one employee is on duty and situated in each managerstation at all times that any patron is present inside the premises.
(5) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a managerstation of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more managerstations designated, than the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the managerstations. The view required in this paragraph must be by direct line of sight from the managerstation.
(6) In addition, a closed circuit television system shall be maintained and operated with a television monitor or monitors located in the area of the managerstation, in the clear view of the public, and available for continuous viewing by the manager on duty. A camera or cameras shall be installed in the booth areas and shall scan each hallway and aisle way of the entranceway to each booth. The closed circuit television system shall operate on a switcher system so that the television monitor or monitors will switch sequentially and continuously from one camera to another. The continuous switching process will be timed to allow an adequate view of each area surveyed by each camera while accomplishing a complete circuit within less than one minute. To the extent necessary, more than one television monitor shall be installed so that there will be adequate circuits to provide a complete view of the entire interior premises, including booth area or areas, in less than one minute.
In the event of a malfunction of any of the closed circuit television equipment described above, the operator or his or her designee shall act promptly to repair or cause to be repaired any such malfunction within twenty-four hours. The operator shall maintain documentation of the date and time of any such malfunction and all measures taken to effect a repair. If an equipment malfunction cannot be repaired within twenty-four hours, those areas of the adult arcade which are not capable of being monitored as a result of the malfunction shall be closed until repairs are completed.
Signs of adequate size for clear visibility shall be posed in the adult arcades to give notice to all patrons of the areas therein which are continuously monitored by closed circuit television cameras.
(7) It shall be the duty of the owners and operators, ant it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in paragraph (a) (5) hereof remains unobstructed by any door, wall, merchandise, display rack or other material at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to paragraph (a) (1) hereof.
(8) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five foot-candles as measured at the floor level.
(9) It shall be the duty of the owners and operators, and it shall also be the duty of any agents and employees present in the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(b) A person having a duty under subsection (a) hereof commits an offense if he or she knowingly fails to fulfill that duty.
(Ord. 6-2001. Passed 4-12-01.)
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