A. General: Sexually oriented business uses as defined in this chapter shall be subject to the following general provisions:
1. Activities classified as obscene as defined in Nevada Revised Statutes 201.235 et seq., are not permitted and are prohibited.
2. Sexually oriented business uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes.
3. Principal sexually oriented business uses, except sexually oriented cabarets which provide live entertainment or dancing with performers whose genitals, pubic region and anus are completely and opaquely covered (topless dancing cabarets) shall be prohibited from locating in any building which is also used to store, dispense or consume alcoholic beverages.
4. A sexually oriented business use which does not qualify as an accessory use shall be classified as principal sexually oriented use.
B. Principal Uses:
1. A person commits an offense if that person operates or causes to be operated a principal sexually oriented business in any zoning district other than the areas zoned restricted commercial as defined and described in the Wells zoning code.
2. A person commits an offense if the person operates or causes to be operated a principal sexually oriented business in a restricted commercial zoned district within five hundred feet (500') of:
a. A church; or
b. A public or private elementary or secondary school; or
c. A public or private daycare center, preschool, nursery, kindergarten, or similar use; or
d. A public park.
3. A person commits an offense if the person operates or causes to be operated a principal sexually oriented business in a restricted commercial zoned district within five hundred feet (500') of any existing single- or multiple-family dwelling structure.
4. For the purposes of subsections B2 and B3 of this section, 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, a public or private elementary or secondary school, a public or private daycare center, preschool, nursery, kindergarten or school bus stop or similar use or to the nearest boundary of an affected public park, residential district or residential lot. The presence of city, county or other political boundaries shall be irrelevant for purposes of calculating and applying the distance requirements of this chapter.
5. Any principal sexually oriented business that fails to comply with subsection B1, B2 or B3 of this section on the date of the adoption hereof but which was lawfully operating before this chapter took effect shall not be deemed to be in violation of this chapter when this chapter takes effect and shall be deemed a nonconforming use. Any such nonconforming use may be allowed to continue; provided, however, that such a nonconforming use may not be extended, enlarged or altered and may not be changed to any other nonconforming principal sexually oriented business use.
It shall be unlawful for any person to continue any such nonconforming use more than one year after its passage when such nonconforming use has been declared to constitute a nuisance or to be detrimental to public health, safety or welfare by a majority vote of the board of councilmen. This section shall not be construed as limiting the right of the city or any person to abate a nuisance under any existing laws or ordinances.
A nonconforming sexually oriented business use which is operationally abandoned or discontinued for a period of six (6) consecutive months or more shall be considered abandoned and shall not be resumed.
6. A principal sexually oriented business lawfully operating is not rendered in violation of this chapter 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 five hundred feet (500') of the principal 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 been revoked or not renewed.
7. Principal sexually oriented business uses shall, in addition to other sign requirements established by this code, also adhere to the following sign regulations:
a. Sign messages shall be generic in nature and shall only identify the type of business which is being conducted.
b. Shall not contain material classified as advertising as to building content or activities.
c. Shall comply with the requirements of size and number for the district in which they are located.
C. Accessory Business Uses And Location Thereof:
1. Accessory sexually oriented business uses shall:
a. Comprise no more than ten percent (10%) of the floor area of the establishment in which it is located and comprise no more than twenty percent (20%) of the gross receipts of the entire business operation; and
b. Not involve or include any activity except the sale or rental of merchandise; or
c. Not involve any dancing or live entertainment characterized by an emphasis on the presentation of "specified sexual activities" or "specified anatomical areas", unless such live entertainment is only presented as an occasional activity of the business operation. To qualify as an accessory sexually oriented business use, said activity or event shall be limited to no more than twenty one (21) consecutive days taking place at minimum thirty (30) day intervals following a similar activity or event and such activities or events occurring no more than four (4) times within a calendar year.
2. Accessory sexually oriented business uses shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access:
a. Movie Rentals: Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation or shall be in catalogs under the direct control and distribution of the operation.
b. Magazines: Publications classified or qualifying as sexually oriented business uses shall not be physically accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.
c. Other Use: Accessory sexually oriented business uses not specifically cited shall comply with the intent of this section subject to the approval of the city chief of police.
3. Accessory sexually oriented business uses shall be prohibited from both internal and external advertising and signage of sexually oriented materials and products, except for sign messages that are generic in nature and only identify the type of business which is being conducted; provided, however, accessory sexually oriented live entertainment may also use internal and external advertising and signage for up to one week prior to and during such entertainment.
4. Accessory sexually oriented business uses activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition presented to the general public where minors are admitted.
5. A person commits an offense if that person operates or causes to be operated an accessory sexually oriented business use in any zoning district other than the areas zoned restricted commercial, general commercial and tourist commercial as defined and described in the Wells zoning code. (Ord. 182, 11-12-1997)