(A) An adult-oriented business shall be permitted only within —1 and —2 zoning districts upon meeting the following locational requirements and obtaining a certificate of occupancy:
(1) The adult-oriented business is not within:
(a) One thousand feet of a church, synagogue or other regular place of worship or a public, private elementary or secondary school;
(b) One-thousand feet of a government building used as a place of public assembly;
(c) Five-hundred feet of a residence or the boundary of any residential district;
(d) One-thousand feet of a public park or playground; and/or
(e) One-thousand feet of another adult-oriented business.
(2) For the purpose of this chapter, measurement 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-oriented business is conducted, to the nearest property line of the premises of another adult-oriented business, a church, a public or private elementary or secondary school or government building used as a public assembly, or the nearest boundary of an affected public park, residential district or residential lot.
(B) The cost of verifying the locational requirements noted in division (A)(1) above, and the operational requirements noted in divisions (D) and (E) below shall be paid by the applicant of the adult- oriented business occupancy application. The cost shall not exceed the cost associated with processing the application but shall not be less than $500.
(C) All adult-oriented businesses and activities shall meet the minimum operational requirements listed in this division.
(1) All buildings, openings, entries, windows and the like for adult-oriented businesses shall be located, screened or covered in a manner to prevent a view into the interior from any public area.
(2) No person under the age of 18 years or any obviously intoxicated person shall be permitted within the premises at any time. Notice of this limitation shall be clearly marked on or immediately adjacent to all entrances.
(3) Signage shall conform to the standards applicable to the zoning district, except that the signs shall be limited to the business name, street address and age limitation sign noted in division (D)(2) above.
(4) All adult-oriented business uses shall be contained entirely within an enclosed building.
(5) The premises within which an adult-oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside the premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building.
(6) Except as otherwise provided in this chapter, the adult-oriented business shall comply with the applicable zoning, parking, signage and development standards.
(7) The entire exterior grounds, including the parking lot, shall be lighted.
(8) All indoor areas of the adult-oriented business within which patrons are permitted, except restrooms, shall be open to view at all times.
(9) Adult-oriented businesses shall not operate between the hours of 12:01 a.m. and 9 a.m.
(10) The adult-oriented business shall not be located, in whole or in part, within any portable structure.
(D) In addition to the requirements noted above, adult arcades as defined in this article shall conform to the following:
(1) Upon application for establishment of an adult arcade, the applicant shall provide to the city a diagram showing a floor plan including one or more manager’s stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station shall not exceed 32 square feet of floor area with no dimension greater than eight feet. The diagram shall be drawn to a designated scale with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches.
(2) The interior of the premises shall be configured in a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. The view required by this section must be by direct line of sight from an occupied manager’s station.
(3) It shall be the duty of the owner(s) and it shall also be the duty of all employees present on the premises to insure that the view area specified in division (E)(2) above remains unobstructed by any doors, walls, persons, merchandise, display racks or other materials at all times and to insure that no person is permitted access to any area of the premises which has been designated as an area in which the patrons will not be permitted in the diagram filed pursuant to division (E)(1) above.
(4) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access with an illumination of not less than ten foot candles as measured at the floor level.
(5) It shall be the duty of the owner(s) and it shall also be the duty of all employees present on the premises to insure that the illumination described in division (E)(4) above is maintained at all times that any patron is on the premises.
(6) No alteration in the configuration or location of the manager’s station(s) may be made without the approval of the Community Development Director or designee.
(`61 Code, § 25.26.05) (Ord. 915, passed 6-20-2000; Am. Ord. 939, passed 5-20-2003; Am. Ord. 1018, passed 9-3-2013)