(A) A person commits an offense if he or she operates or causes to be operated a sexually oriented business within 1,000 feet of:
(1) A church;
(2) A public or private elementary or secondary school;
(3) A boundary of a residential district as defined in this chapter;
(4) A public park adjacent to a residential district as defined in this chapter; or
(5) The property line of a lot devoted to a residential use as defined in this chapter.
(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 a sexually oriented business within 1,000 feet of another sexually oriented business.
(C) A person commits an offense if he or she causes or permits the operation, establishment or maintenance of more than one sexually oriented business in the same building, structure or portion thereof.
(D) For the purposes of division (A) above, 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 a sexually oriented business 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.
(E) For purposes of division (B) above, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structure or objects, from the closest exterior wall of the structure in which each business is located.
(F) A sexually oriented business lawfully operating in conformance with this chapter is not rendered nonconforming by the location, subsequent to the grant or renewal of the sexually oriented business, license, of a church, public or private elementary or secondary school, public park, residential district or residential lot within 1,000 feet of the sexually oriented business. 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a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked.
(1995 Code, § 4.304) Penalty, see § 111.99