3-2-2: PROHIBITIONS:

No person shall operate or conduct a sexually oriented business upon any property or premises unless in conformance with this title. A violation of this provision may be enforced through administrative, civil and/or criminal remedies.

In order to approve a special use permit for a sexually oriented business, the City Council must determine that the following conditions are met:

   A.   Such business shall not be located within two thousand five hundred feet (2,500') of a public or parochial school or daycare, or playground. Distance shall be measured as in subsection F of this section.

   B.   Such business shall not be located within one thousand five hundred feet (1,500') of any boys' club, girls' club, or similar existing youth organizations, public building, public park or school bus stop. Distance shall be measured as in subsection F of this section.

   C.   Such business shall not be located within two thousand five hundred feet (2,500') of a religious institution. Distance shall be measured as in subsection F of this section.

   D.   Such business shall not be located within one thousand five hundred feet (1,500') of a bar or tavern or other premises serving alcohol or any other sexually oriented business. Distance shall be measured as in subsection F of this section.

   E.   Such business shall not be located on a lot or parcel that is within one thousand five hundred feet (1,500') of a residential use or zone. Distance shall be measured as in subsection F of this section.

   F.   Distance shall be measured in a straight line without regard to intervening structures from the nearest entrance of the sexually oriented business to the nearest property line or boundary line, or school bus stop. These standards shall apply regardless of the political jurisdiction in which schools, parks, or churches or other adult businesses are located.

   G.   The sign package and exterior building design must be submitted with the special use application for review by the City. Advertisements, displays, or other promotional materials shall not be shown or exhibited so as to be visible to the public from the exterior of the building. No advertising signs, billboards, displays, advertisements, or other promotional materials depicting specified anatomical areas or specified sexual activities or displaying instruments, devices or paraphernalia designed for use in connection with specified anatomical areas or specified sexual activities shall be shown or exhibited so as to be visible to the public from the exterior of the building.

   H.   Lobby and entrance areas should be designed so as to minimize obstruction of sidewalks during operating hours and shall be oriented and consistent with other commercial activities in the area.

   I.   All building openings, entries, windows, and the like, shall be located, covered, or screened in such a manner as to prevent a view into the interior, so that personnel, instruments, devices, paraphernalia, and body parts, which are associated in any manner with specified anatomical areas or specified sexual activities, cannot be viewed from roads, sidewalks and adjacent private properties.

   J.   No loudspeakers or sound equipment shall be used for such businesses that can be discerned by the public outside the building.

   K.   The disposal of garbage and trash containing sexually explicit materials must be disposed of in a manner which prevents minors from having access to the material.

   L.   For purposes of this chapter, the above conditions and standards shall be applicable in the following circumstances:

      1.   The opening or commencement of any sexually oriented business as a new business;

      2.   The conversion of an existing business, or any part of any existing business to any of the sexually oriented businesses regulated herein;

      3.   The addition or expansion of any business to include any of the sexually oriented businesses regulated herein; or

      4.   The voluntary relocation of any such business.

   M.   Hours of operation are from four o'clock (4:00) P.M. to two o'clock (2:00) A.M. One security staff is required for each twenty (20) required parking spaces or fraction thereof. The hours of operation shall be visibly posted on all entrances and exits.

   N.   On site security must be present during all hours of operation.

   O.   These provisions shall not be construed as permitting any use or act which is otherwise prohibited or made punishable by law.

   P.   No sexually oriented materials or performances shall be disseminated to or performed for, by or upon minors. Signs prohibiting minors upon premises shall be visibly posted on all entrances and exits.

   Q.   All areas of a sexually oriented business shall be illuminated at a minimum of twenty (20) foot-candles, normally maintained and evenly distributed at ground level. Except, adult motels shall only be required to be illuminated at a minimum of twenty (20) foot-candles in public areas. And, adult theaters and adult cabarets shall only be required to be illuminated at a minimum of five (5) foot-candles. During performances, adult theaters and adult cabarets may reduce the lighting to be no less than 1.25 foot-candles.

   R.   An adult motion picture show or adult arcade shall limit the maximum number of image producing devices to the maximum occupancy load permitted in any room or partitioned portion of a room in which an image producing device is located. (Ord. 549, 1-21-2015; amd. Ord. 609, 7-3-2018)