(a)

It is unlawful to operate or cause to be operated an adult-oriented business in any location other than a District, as defined in Section 16-1-90 of this Chapter. An adult-oriented business shall be deemed to be a conditional use and shall require approval under Article 8 of this Chapter.

(b)

It is unlawful to operate or cause to be operated an adult-oriented business within 750 feet of a church, school, childcare or day care home or facility, dormitory, health services center or hospital, public park or residential property. For the purposes of this Section, the distance between an adult-oriented business and church, school, day care facility, dormitory, health services center or hospital, public park or residential property shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point of the building or structure in which the adult-oriented business is conducted to the nearest property line of the premises in which a church, school, day care facility, dormitory, health services center or hospital, public park or residentially zoned property is located.

(c)

It is unlawful to operate or cause to be operated an adult-oriented business within 750 feet of another adult-oriented business. The distance between any two such businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior walls of the structures in which the adult-oriented businesses are located.

(d)

It shall be unlawful to operate or cause to be operated more than one adult-oriented business in the same facility or portion thereof.

(e)

This Section shall not apply to private rooms within an adult-oriented motel or hotel.

(Ord. No. 680, § 1, 7-7-2015)

It shall be unlawful for an adult-oriented business to be open for business, or for a licensee to allow patrons on the premises, from 2:00 a.m. to 12:00 p.m. of any day.

(Ord. No. 680, § 1, 7-7-2015)

All minors, being persons under 18 years of age, shall be prohibited admission to an adult-oriented business; provided, however, that this prohibition shall not apply to the non-adult business portion of a business's premises if the interior of the adult-business portion of the premises is not visible from the non-adult-business portion of the premises and access is restricted and regulated so as to bar entrance by minors. It is unlawful for either a licensee or minor to violate this provision.

(Ord. No. 680, § 1, 7-7-2015)

(a)

Notwithstanding any other ordinance, code or regulation to the contrary, it shall be unlawful for the operator of any adult-oriented business or any other person to erect, construct or maintain any sign for the adult-oriented business, except as in conformity with Article 11 of this Chapter, as well as the provisions of this Article.

(b)

Primary signs shall contain no photographs, silhouettes, drawings or pictorial representations in any manner and may only contain on the sign the name of the establishment.

(c)

Each letter forming a word on a sign shall be of solid color, and each such letter shall be the same print type, size and color. The display surface of a primary sign shall be of a uniform and solid color.

(Ord. No. 680, § 1, 7-7-2015)

(a)

It is unlawful and a violation of this Section to operate an adult-oriented business without having been first granted an adult-oriented business license by the Town.

(b)

Any person desiring to operate an adult-oriented business shall file with the Town Clerk/Administrator a sworn license application on standard application forms supplied by the Town Clerk/Administrator.

(c)

Each application shall be accompanied by a nonrefundable filing fee, as set forth in the Consolidated Fee Schedule, attached as Appendix 2-F to this Code. A copy of the Fee Schedule is available in the Town Clerk/Administrator's office. Such application fee shall be used to fray the costs and expenses incurred by the various departments in reviewing the application.

(d)

The completed application shall contain the following information and shall be accompanied by the following documents:

(1)

If the applicant is:

a.

An individual, the individual shall state his or her legal name and any aliases and submit satisfactory proof that he or she is at least 21 years of age;

b.

A partnership, the partnership shall state its complete name and the name of all partners, whether the partnership is general or limited, the name and address of at least one person in the State who is authorized to accept service of process, and a copy of the partnership agreement; or

c.

A corporation, the corporation shall state its complete name, state the date of its incorporation and evidence that the corporation is in good standing, provide a copy of the articles of incorporation and bylaws, and state the name and capacity of all officers and directors, the name of the registered corporate agent, the address of the registered office for service of process and the name and title or capacity of the person who makes the application on behalf of the corporation.

(2)

Whether the applicant or any of the other individuals listed, pursuant to Paragraph (1) above has, within the five-year period immediately preceding the date of the application, been convicted of a criminal act and, if so, the criminal act involved, the date of conviction and the place of conviction.

(3)

Whether the applicant or any of the other individuals listed, pursuant to Paragraph (1) above has had a previous license under this Code suspended or revoked, including the name and location of the establishment for which the license was suspended or revoked, as well as the date of the suspension or revocation, and whether the applicant or any other individuals listed, pursuant to Paragraph (1) has been a partner in a partnership or an officer or director of a corporation whose license under this Section has previously been suspended or revoked, including the name and location of the establishment for which the license was suspended or revoked, as well as the date of the suspension or revocation.

(4)

Whether the applicant or any other individuals listed, pursuant to Paragraph (1) holds any other licenses under this Article and, if so, the names and locations of such other licensed establishments.

(5)

The location of the proposed establishment, including a legal description and the legal street address of the property site.

(6)

The name of each person who has the right or authority to manage or control the day-to-day operation of the proposed establishment and such person's business address and business telephone number; or, if the person is a corporation, the same information shall be provided for its officers and directors.

(7)

The applicant's mailing address and business telephone number.

(e)

By applying for a license under this Article, the applicant shall be deemed to have consented to the provisions of this Article and to the exercise by the Town Clerk/Administrator and the departments of their responsibilities under this Section.

(f)

Upon receipt of an application properly filed with the Town Clerk/Administrator under this Article and upon payment of the nonrefundable application fee, the Town Clerk/Administrator shall immediately stamp the application as received and shall send photocopies of the application to the Chief of Police.

(g)

The Chief of Police shall promptly conduct an investigation of the application in accordance with this Article.

(h)

At the conclusion of his or her investigation, the Chief of Police shall prepare a report or memorandum and forward such report or memorandum to the Town Clerk/Administrator no later than 30 days from the date of the proper filing of the application with the Town Clerk/Administrator, and shall state therein whether the department finds that false, incorrect or incomplete information was provided on the application.

(i)

The Planning Commission shall recommend granting or denying an application for a license under this Article within 40 days from the date of its proper filing and shall notify the applicant within seven days of the recommendation the grant or denial of the application. The application will be processed pursuant to procedures for conditional uses in Article 8 of this Chapter, and the Planning Commission will transmit its recommendation within ten days of its decision to the Board of Trustees for action in granting or denying the application. The Board of Trustees will grant or deny the application within 30 days of receipt of the Planning Commission's recommendation unless a longer time is mutually agreed for amendments to the application.

(j)

Notwithstanding the granting of an adult-oriented business license, nothing in this Article exempts or excuses the licensee or applicant from having to obtain any other required permits, licenses or certificates needed to lawfully operate a business, including a land use permit, site permit, building permit, occupational license or certificate of occupancy.

(k)

The Planning Commission shall review the findings reported by the Chief of Police and recommend denial of the application for any of the following reasons:

(l)

The application is incomplete or contains incorrect or false information.

(2)

The applicant or any of the other individuals listed has a license under this Article which is under suspension, or is an officer or director of a corporation which has a license under suspension.

(3)

The applicant or any of the other individuals listed had a license under this Article that was revoked during the previous two years, or was an officer or director of a corporation which had a license under this Article that was revoked during the previous two years.

(4)

A license under this Section at the location of the proposed establishment is the subject of a pending suspension proceeding or is under suspension.

(5)

A license under this Section at the location of the proposed establishment is the subject of a pending revocation proceeding or has been revoked during the previous two years.

(6)

The granting of the application would violate a statute, code or ordinance or an order from a court of law that effectively prohibits the applicant from obtaining an adult-oriented business license.

(l)

An adult-oriented business license shall state the name of the licensee, the name of the owner of the real property, the name of the establishment, the street address of the establishment, the classification of the license, the date of issuance and the date of expiration.

(Ord. No. 680, § 1, 7-7-2015)

Violation of this Article shall be punishable in accordance with the provisions of Section 1-4-20 of this Code. Each day of continued violation for unlawfully conducting an adult-oriented business shall be considered a separate offense. In the event of prosecution of a violation of this provision as a municipal code violation, conviction of a licensee for a violation under this provision may be grounds for revocation or nonrenewal of a license issued hereunder. Nothing contained in this Section shall be construed as negating or limiting the authority of the Town from pursuing injunctive relief, restraining orders or similar or additional civil or criminal remedies in a court of competent jurisdiction.

(Ord. No. 680, § 1, 7-7-2015)