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 bookstore means an establishment having, as a substantial portion of its stock in trade, books, magazines, films for sale or viewing on-premises by use of motion picture devices or any other coin-operated means, 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 such material.

Adult entertainment cabaret means a public or private establishment which is licensed to serve food and/or alcoholic beverages, which features topless dancers, strippers, male or female impersonators, or similar entertainers.

Adult mini-motion picture theater means an enclosed building with a capacity for less than 50 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 for observation by patrons therein.

Adult motion picture theater means an enclosed building with a capacity of 50 or more persons used regularly and routinely for presenting motion pictures having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult videotape store means an establishment having, as a portion of its stock in trade, videocassettes, tapes or films for rental, sale or viewing on or off the premises by use of video viewing devices or by other means, 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 rental, sale or display of such material.

Body shop and model studio mean any public or private establishment which is described as a body shop or model studio, or 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 such consideration or gratuity, or where, for any form of consideration or gratuity, nude and seminude dancing, readings, counseling sessions, body painting and other activities that present materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas are provided for observation by or communication to persons paying such consideration or gratuity.

(Code 1996, § 3-8-1; Ord. No. 2024-03-01, § 2(Exh. A), 2024-11-3)

Cross reference— Definitions generally, § 1-2.

The following shall be considered adult uses for the purpose of this article:

(1)

Adult bookstore.

(2)

Adult videotape store.

(3)

Adult motion picture theater.

(4)

Adult mini-motion picture theater.

(5)

Adult entertainment cabaret.

(6)

Body shop or model studio.

(Code 1996, § 3-8-2; Ord. No. 2024-03-01, § 2(Exh. A), 2024-11-3)

(a)

Adult uses shall be permitted subject to the following restrictions:

(1)

An adult use shall not be allowed within 1,000 feet of another existing adult use.

(2)

An adult use shall not be located within 700 feet of any zoning district which is zoned as an R-1 one-family residential district, R-2 two-family residential district, or R-3 multiple-family residential district.

(3)

An adult use shall not be located within 500 feet of a preexisting school or place of worship.

(4)

An adult use shall not be located within 500 feet of a preexisting city park.

(5)

An adult use shall not be located in a building structure which contains another business that sells or dispenses in some manner alcoholic beverages.

(b)

The provisions stated in this section shall not apply to any adult use in existence on August 11, 1991, so long as the adult use continues to conduct its business at the location at which it was doing business on August 11, 1991, and does not change the nature of the adult use.

(Code 1996, § 3-8-3)

For the purposes of this article, measurements shall be made in a straight line, without regard to intervening structures or objects, from the property line of the adult use to the nearest property line of another adult use, school, place of worship or district zoned for residential use.

(Code 1996, § 3-8-4)

No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas by display, decoration, sign, show window or other opening from any public way or from any property not licensed as an adult use.

(Code 1996, § 3-8-9)

It shall be unlawful for any adult use licensee or his manager or employee to employ in any capacity within the adult business any person who is not at least 21 years of age. An exception may be allowed in such cases where nonadult material may be handled by the underage person, but in no such instance shall the handling of or exposure to adult material be permitted.

(Code 1996, § 3-8-11)

No licensee or any officer, associate, member, representative, agent or employee of such licensee shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the licensed premises which is prohibited by any ordinance of the city or law of the state or the United States.

(Code 1996, § 3-8-12)

It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city, the operation of an adult use as defined in this article, without first having obtained a separate license for such adult use from the mayor or the mayor's authorized representative.

(Code 1996, § 3-8-5(A))

(a)

Filing; fee. Every applicant for a license to maintain, operate or conduct an adult use shall file an application in duplicate under oath with the mayor or the mayor's authorized representative upon a form provided by the mayor or the mayor's authorized representative and pay a nonrefundable filing fee as established in section 42-106 to the city collector, who shall issue a receipt, which shall be attached to the application filed with the mayor or the mayor's authorized representative.

(b)

Required information. An applicant for a license shall furnish the following information under oath:

(1)

Name and address.

(2)

Written proof that the individual is at least 18 years of age.

(3)

The exact nature of the adult use to be conducted and the proposed place of business and facilities thereof.

(4)

A statement by the applicant that he is familiar with the provisions of this article and is in compliance with them.

(Code 1996, § 3-8-5(B), 3-8-6)

Within 30 days of receiving an application under this division, the mayor or the mayor's authorized representative shall notify the applicant that his application is granted or denied. Whenever an application is denied, the mayor or the mayor's authorized representative shall advise the applicant in writing of the reasons for such action. The applicant may request a hearing and/or appeal on the denial as prescribed in section 22-39.

(Code 1996, § 3-8-5(C))

The mayor or the mayor's authorized representative shall issue a license to maintain, operate or conduct an adult use unless the mayor or the mayor's authorized representative finds that:

(1)

The applicant is under the age of 18 years or under any legal disability.

(2)

The applicant, at the time of application for renewal of any license issued under this division, would not be eligible for such license upon a first application.

(3)

The operation as proposed by the applicant, if permitted, would not have complied with this article.

(Code 1996, § 3-8-7(A))

Every adult use license issued pursuant to this division will terminate on the second Tuesday of May of each year, unless sooner revoked.

(Code 1996, § 3-8-7(B))

(a)

Any license issued for an adult use may be revoked or suspended by the mayor or the mayor's authorized representative if the mayor or the mayor's authorized representative shall find that:

(1)

The licensee has violated any of the provisions of this article regulating adult uses.

(2)

The licensee has knowingly furnished false or misleading information or withheld relevant information on any application for any license or permit required by this article or knowingly caused or suffered another to furnish or withhold such information on his behalf.

(b)

The licensee shall be responsible for all the acts of his agents, servants and employees; provided, however, that, in the case of a first offense by a licensee where the conduct was solely that of an employee, the penalty shall not exceed a suspension of 30 days if the mayor or the mayor's representative shall find that the licensee had no actual or constructive knowledge of such violation and could not by the exercise of due diligence have had such actual or constructive knowledge.

(c)

The mayor, before revoking or suspending any license, shall give the licensee at least ten days' written notice of the charges against him and the opportunity for a public hearing as provided for in section 22-39, at which time the licensee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing.

(Code 1996, § 3-8-8)

Every licensee under this division shall display a valid license in a conspicuous place within the adult use business so that the license may be readily seen by persons entering the premises.

(Code 1996, § 3-8-10)