Bell City Zoning Code
CHAPTER 17
56 ADULT BUSINESSES
§ 17.56.010 Purpose.
The purpose of the adoption of the provisions of this chapter is to establish a comprehensive set of regulations applicable to adult businesses.
(Ord. 1043)
§ 17.56.020 Definitions.
In addition to the definitions contained in Chapter 17.08 of this code, the following words and phrases shall, for the purpose of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended:
means an establishment which has, on an average, 25% or more of its stock in trade, material which is distinguished or characterized by its emphasis on matter depicting, describing or related to specified sexual activities or specified anatomical areas.
means any business which is conducted exclusively for the patronage of adults, and as to which minors are specifically excluded from patronage thereat, either by law or by the operators of such business. "Adult business" also means and includes adult bookstores, adult picture arcades, adult theaters, adult massage parlors, adult modeling studios, adult motels or hotels. "Adult business" shall not include those uses or activities, the regulation of which is preempted by applicable state or federal law.
means a hotel or motel, as defined in Section 17.08.010 of this code, which advertises and supplies material, which is distinguished or characterized by the emphasis on matter depicting and/or describing specified sexual activities or specified anatomical areas.
means any establishment or business described in Chapter 5.72 of this code, access to which is limited to adults.
means any establishment or business as described in Chapter 5.76 of this code, access to which is limited to adults.
means a picture arcade, as described in Chapter 5.80 of this code, which shows films, 25% or more of which are distinguished or characterized by their emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.
means a theater which presents live entertainment, and/or motion pictures, and/or slide photographs, and/or videos, of which 25% or more are distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.
as used in this chapter, shall be defined as set forth in Chapter 5.80 of this code.
means and includes, but is not limited to accessories, books, magazines, photographs, prints, drawings, paintings, tapes, videotapes, video-cassettes, motion pictures, pamphlets, or any combination thereof.
means:
means and includes:
(Prior code § 9451; Ord. 1129, 1997)
§ 17.56.030 Special regulations.
All uses subject to provisions of this chapter shall comply with all regulations contained in this title, and the following regulations:
A.
Compliance Required. No person shall permit the establishment or conduct of an adult business, or continue to operate or conduct an adult business unless in full compliance with all provisions contained in this title, including, but not limited to this chapter and the Bell Municipal Code.
B.
Location. An adult business shall not be located or permitted on any lot unless such lot is classified in zone C-1 or a less restrictive zone; and shall not be located or permitted on any lot which:
1.
Is within 50 feet of any lot classified in any of the R zones; and/or
2.
Is within 500 feet of any lot upon which there is located a church; and/or
3.
Is within 500 feet of any lot upon which there is located any educational institution; and/or
4.
Is within 500 feet of any lot upon which there is located a city owned, operated and maintained public park; and/or
5.
Is within 500 feet of any lot on which there is located an adult business.
C.
Operating Requirements.
1.
Manager Required. Each adult business shall employ one or more full-time managers, one whom shall be physically present at the adult business at all times during which the adult business is open for business; and
2.
Visibility from Exterior. No portion of the interior of an adult business shall be visible from the outside of the building in which it is located; and
4.
Hours of Operation. An adult business, except adult hotels/motels, may be operated only between the hours of eight a.m. and ten p.m. of any day; and
5.
Use of Alcohol or Drugs Prohibited. The owner of an adult business shall not permit any person to be in or remain in any part of the building where the adult business is located while in the possession of, and/or under the influence of any alcoholic beverage or prohibited controlled substance.
(Prior code § 9452)
§ 17.56.040 Nonconforming adult businesses.
All adult businesses which were lawfully in existence as of the effective date of Ordinance No. 789, and which were rendered nonconforming by the application thereto of the provisions of that ordinance, shall be subject to abatement in the time and manner set forth in Chapter 17.100.
(Prior code § 9483)