The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult entertainment businesses includes, but are not limited to, the following:

(1)

Adult bookstore means an establishment having a substantial or significant portion of its stock in trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or special anatomical areas (defined in this section), or an establishment with a segment or section devoted to the sale or display of such material.

(2)

Adult motion picture theater means an enclosed building with a capacity of 20 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to special sexual activities or specified anatomical areas (defined in this section), for observation by patrons therein.

(3)

Adult minimotion picture theater means an enclosed building with a capacity for less than 20 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (defined in this section), for observation by patrons therein.

(4)

Nude body painting or modeling studio means an establishment which provides the services of body painting of the human body are offered for observation of the patrons therein.

(5)

Escort services means an establishment which provides the services of escorting members of the opposite sex for the payment of a fee.

Specified anatomical areas means:

(1)

Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola.

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities means:

(1)

Human genitals in a state of sexual stimulation or arousal.

(2)

Acts of human masturbation, sexual intercourse or sodomy.

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

(Ord. No. 86-9, § 1(1), 8-26-1986)

Application to establish an adult entertainment business shall be made in writing to the planning commission. Such application shall specify the type of adult use or uses that will be catered to, and shall be accompanied by a request for a certificate of occupancy. The planning commission, having a duty to determine whether a particular use will have a deleterious effect on the surrounding area, will not approve a certificate of occupancy application if any of the following conditions are found to exist:

(1)

Adult entertainment businesses are prohibited within the area circumscribed by a circle which has a radius consisting of the following distances from the following specified uses of zones:

a.

Within 1,000 feet of any residential zone or any single-family or multiple-family residential use.

b.

Within 1,000 feet of any public or private school.

c.

Within 1,000 feet of any church or other religious facility or institution.

d.

Within 1,000 feet of any public park.

e.

The site is located closer than 1,000 feet to a site having an adult business designation under this section or closer than 1,000 feet to the property line of any church or private or public school.

Any of the restrictions in subsection (1) of this section may be waived if the planning commission finds that 51 percent of the persons owning, residing or doing business within 500 feet of this location approve the use, that approval being evidenced by a petition with notarized signatures, signed by the concerned parties and presented by the petitioner prior to the public hearing.

(2)

The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or the land use district boundary line from which the proposed land use is to be separated.

(3)

Violation of the use provisions of this section is declared to be a public nuisance per se, which shall be abated by the city attorney, by way of civil abatement procedures only, and not by criminal prosecution.

(4)

Nothing in this section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinance or statute of the state regarding the public nuisances, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.

(Ord. No. 86-9, § 1(2), 8-26-1986)