1. The Council finds that sex-oriented entertainment businesses, because of their very nature, are recognized as having objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas.
2. Special regulation of the businesses is necessary to insure that the adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods.
3. The primary purpose of the regulations is to prevent the concentration or clustering of such businesses in any one area.

(1973 Code, § 9-4.2101) (Ord. 767, eff. 10-12-1981)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

SEX-ORIENTED ENTERTAINMENT BUSINESSES.

1. CABARET. A nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers or similar entertainers, where the performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
2. MASSAGE PARLOR. An establishment where, for any form of consideration or gratuity, massages, alcohol rubs, the administration of fomentation, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs, other than medical or therapeutic treatments by persons licensed by the state to administer the treatments.
3. MODEL STUDIO. Any business where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying consideration or gratuity.
4. SEX-ORIENTED BOOK STORE. An establishment having as 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 specified anatomical areas or an establishment with a segment or section devoted to the sale or display of the materials.
5. SEX-ORIENTED HOTEL OR MOTEL. A hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
6. SEX-ORIENTED MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to persons and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
7. SEX-ORIENTED MOTION PICTURE THEATER. An enclosed or unenclosed building or structure, or portion thereof, used for presenting materials distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons in the theater.
8. SEXUAL ENCOUNTER CENTER. Any business, agency or person who, for any form of consideration or gratuity, provides a place where 3 or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.
9. Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
   
   SPECIFIED ANATOMICAL AREAS.
   1. Less than completely and opaquely covered:
      1. Human genitals or the pubic region:
      2. Buttocks; and
      3. Female breasts 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.
   1. Human genitals in a state of stimulation or arousal;
   2. Acts of human masturbation, sexual intercourse or sodomy; and
   3. Fondling or other erotic touching or sexual stimulation of human genitals, pubic regions, buttocks or female breasts.

(1973 Code, § 9-4.2102) (Ord. 767, eff. 10-12-1981)

1. Sex-oriented entertainment businesses shall he prohibited in all zone district classifications within the city, except the Central Business (C-2) District and the Regional Commercial (C-3) District as provided in this section.
2. In those land use districts where the sex- oriented entertainment businesses regulated by this article would otherwise be permitted uses, it shall be unlawful to establish any such sex-oriented entertainment business if the location is:
   1. Within 250 feet of any area zoned for residential use;
   2. Within 1,000 feet of any other sex- oriented entertainment business; or
   3. Within 1,000 feet of any public or private school, park, playground, church, non- commercial establishment operated by a bona fide religious organization or any establishment principally used by minors.
3. The establishment of any sex-oriented entertainment business shall include the opening of the business as a new business, the relocation of the business, or the conversion of an existing business location to any sex-oriented entertainment business use.
4. The footage distances set forth in division (B) above shall be measured from the distance between the exterior property line of the parcel upon which the sex-oriented entertainment use is to locate to the nearest residential zoning line or property line of the parcel upon which the sex-oriented entertainment use is located in a straight line.

(1973 Code, § 9-4.2103) (Ord. 767, eff. 10-12-1981)

1. Any property owner or his or her authorized agent may apply to the Commission for a waiver of any locational provision set forth in § 159.297. The Commission, after a hearing, may waive any locational provision if the following findings are made:
   1. The proposed use will not be contrary to the public interests or injurious to nearby properties and that the spirit and intent of this subchapter will be observed;
   2. The proposed use will not enlarge or encourage the development of a "skid row" area;
   3. The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation, nor will it interfere with any program of urban renewal; and
   4. All applicable regulations of this code will be observed.
2. Notwithstanding any other provision of this chapter, original jurisdiction to hear applications for waivers pursuant to this section is vested in the Commission. The procedure for the hearing shall be the same as that provided for in this subchapter for the issuance of conditional use permits by the Commission, including the same notice requirement, the same right of appeal to the Council, and the same fees payable by the applicant.

(1973 Code, § 9-4.2104) (Ord. 767, eff. 10-12-1981)

1. Notwithstanding any other provision of this code, a conditional use permit shall be required for the establishment of a sex-oriented entertainment business in any zone district.
2. The requirement shall be for the purpose of establishing conditions found to be reasonably necessary to prevent incompatibility or conflicts with other land uses in the immediate vicinity of the proposed business. Applications for such conditional use permits shall be heard by the Commission as provided in §§ 159.405et seq.

(1973 Code, § 9-4.2105) (Ord. 767, eff. 10-12-1981)