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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ENTERTAINMENT BUSINESS. Intended to cover a broad range of activities characterized by live, closed circuit, or reproduced material which has an emphasis on nudity or specified sexual activity, or both. Adult businesses generally limit their patrons to persons at least 18 years of age. The term ADULT ENTERTAINMENT BUSINESS also includes the full range of adult theaters and related businesses such as adult bookstores, adult theaters, adult arcades, adult cabarets, adult paraphernalia shops, and other establishments which feature a combination of adult activities or merchandise which collectively make up a substantial or significant portion of the establishment’s activities or merchandise. The term ADULT ENTERTAINMENT BUSINESS also includes other uses to the uses mentioned above, including presenting material for patrons to view (live, closed circuit, or reproductions), purchase, or rent, a substantial portion of which is characterized by an emphasis on nudity or specified sexual activity, or both; and limiting entrance to patrons who are over 18 years of age.
NUDITY or NUDE. Being devoid of a covering for the male or female genitalia consisting of an opaque material which does not simulate the organ covered and in the case of a female exposing to view one or both breasts without a circular covering, centered on the areola that is at least three inches in diameter and does not simulate the organ covered.
SPECIFIED SEXUAL ACTIVITY. Real or simulated acts of human sexual intercourse, human/animal sexual intercourse, masturbation, sadomasochistic abuse, sodomy, or the exhibition of human sexual organs in a stimulated state or the characterization thereof in printed form.
(Ord. 308, passed 9-14-1987)
No adult entertainment business shall be located within a distance closer than 660 feet from the following zones and land uses in existence at the time the adult entertainment business is established:
(A) Another adult entertainment business;
(B) The boundary of a residential zone;
(C) A library;
(D) A hospital;
(E) A day care center;
(F) A public or private elementary, junior high, or high school;
(G) A convalescent center or nursing home;
(H) A park or public playground;
(I) A mortuary;
(J) A cemetery;
(K) A medical or dental clinic;
(L) A church;
(M) A supermarket; and
(N) A teen recreation center.
(Ord. 308, passed 9-14-1987) Penalty, see § 113.99
The distance in § 113.02 shall be measured in a straight line, without regard to intervening structures or obstructions, from the closest point of the structure or portion of the structure containing the adult entertainment business to the closest point of the protected zone or use.
(Ord. 308, passed 9-14-1987) Penalty, see § 113.99
Any person who violates any of the provisions of this chapter, upon conviction thereof, shall be punished by a fine not exceeding an amount that shall be determined by the City Council., and each day that the unlawful condition exists shall be a separate violation of this chapter.
(Ord. 308, passed 9-14-1987)