(A) In addition to applicable provisions of federal and state law, including, but not limited to, I.C. 35-49-3, from and after the effective date of this section, no person shall own, operate, establish, maintain or permit the distribution, to be defined as the transfer of possession for consideration, of any matter, to be defined as any book, magazine, newspaper or other printed or written material, any picture, drawing, photograph, motion picture or other pictorial representation, any statue or other figure, any recording, transcription or mechanical, chemical or electrical reproduction, or any other articles, equipment, machines or materials, of which the material either:
(1) Appeals to the prurient interest in sex or depicts or describes in a patently offensive way, sexual conduct, when evaluated by contemporary standards in the community; or
(2) Video material being more explicit than permitted by then applicable standards for the “R” rating of the Motion Picture Association of America.
(B) It shall be unlawful for any portion of the perimeter of the real estate upon which the use is located to be within 500 feet of residentially zoned property, a park, a church or a community center use previously established and in use within the corporate limits of the town.
(Prior Code, § 130.02) (Ord. 1985-6-82, passed 12-2-1985) Penalty, see § 130.99