(A) A person commits a misdemeanor if that person operates or causes to be operated a sexually- oriented business in any zoning district other than industrial as defined and described in this chapter.
(B) A person commits an offense if the person operates or causes to be operated a sexually-oriented business within 300 feet of:
(1) A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
(2) A public or private educational facility including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities; school includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school;
(3) A boundary of a residential district as defined in this chapter; a public park or recreational area which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas or other similar public land within the city which is under the control, operation or management of the city park and recreation authorities;
(4) The property line of a lot devoted to a residential use as defined in this chapter;
(5) An entertainment business which is oriented primarily towards children or family entertainment; or
(6) A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the state.
(C) A person commits a misdemeanor if that person causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of a sexually-oriented business within 1,000 feet of another sexually-oriented business.
(D) A person commits a misdemeanor if that person causes or permits the operation, establishment or maintenance of more than one sexually-oriented business in the same building, structure or portion thereof, or the increase of floor area of any sexually-oriented business in any building, structure or portion thereof containing another sexually-oriented business.
(E) For the purpose of division (B) above, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually-oriented business is conducted, to the nearest property line of the premises of a use listed in division (B) above. Presence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
(F) For purposes of division (C) above, the distance between any two sexually-oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.
(Ord. passed 12-17-2014) Penalty, see § 157.999