The purpose of this section is to provide reasonable, uniform regulations to prevent problems of blight, deterioration and other adverse secondary effects associated with the concentration of adult businesses, while permitting the location of adult businesses in specified locations.

(Ord. 400 § 1 Exh. A (part), 2002)

A.

"Sexually oriented businesses" are those businesses defined as follows:

1.

"Adult arcade" means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons, each are regularly available or used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

2.

"Adult bookstore," "adult novelty store" or "adult video store" means a commercial establishment which (1) has as a significant or substantial portion of its stock-in-trade or (2) derives a significant or substantial portion of its revenues or (3) devotes a significant or substantial portion of its interior floor or display space or (4) devotes a significant or substantial portion of its business activities or employees' time, or advertising, to the sale, rental or viewing for any form of consideration, of any one or more of the following:

a.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas";

b.

Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities";

c.

An establishment may have other significant or substantial business purposes that do not involve the offering for sale, rental or viewing of materials, depicting or describing "specified sexual activities" or "specified anatomical areas," and shall be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its significant or substantial business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe "specified anatomical areas" or "specified sexual activities."

3.

"Adult cabaret" means a nightclub, bar, restaurant, "bottle club," or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:(1) persons who appear nude or in a state of nudity or semi-nude; (2) live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities;" or (3) films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

4.

"Adult motel" means a motel, hotel or similar commercial establishment which:(1) offers public accommodations, for any form of consideration, and which regularly provides or makes available to patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexually activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or (2) offers a sleeping room for rent for a period of time less than ten hours; or (3) allows a tenant or occupant to rent or subrent the sleeping room for a time period of less than ten hours.

5.

"Adult motion picture theater" means a commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions depicting or describing "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.

6.

"Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment which, for any form or consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of "specified anatomical areas" or by "specified sexual activities."

7.

"Nude model studio" means any place where a person, who appears in a state of nudity or displays "specified anatomical areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.

8.

"Regularly features or regularly shown" with respect to an adult cabaret, adult theater, or adult motion picture theater means at least three times within any thirty day period, or carried on as part of the business's routine scheduling of events or activities and not so infrequently as to constitute a single, rare or unusual event or occurrence.

9.

"Sexual encounter establishment" means a business or commercial establishment, that as one of its important business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" or the exposure of "specified anatomical areas" or activities when one or more of the persons is in a state of nudity or semi-nudity. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

10.

"Significant" or "substantial portion" means such a percentage of its activities, space allocation, revenues, advertising, targeting, stock in trade, floor or display space, business receipts, revenues, or other business undertakings as to indicate to a reasonable person that the sexually oriented portion of the business is one of its important activities, though not necessarily its only or even primary activity; for this purpose, evidence that twenty-five percent or more of its revenues are derived from such sexually oriented activities or materials, or that twenty-five percent or more of its interior floor space or display space is devoted to such sexually oriented activities or materials, or that twenty-five percent or more of its actual stock in trade regularly displayed and immediately available for use, rental, purchase, viewing or perusal is comprised of such sexually oriented materials shall be evidence that a "significant" or "substantial portion" of the business is devoted to such uses.

B.

"Employee" means a person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.

C.

"Establishment" means and includes any of the following:

1.

The opening or commencement of any such business as a new business;

2.

The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter;

3.

The addition of any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business;

4.

The relocation of any such sexually oriented business; or

5.

The substantial enlargement of any such sexually oriented business.

D.

"Nudity" or "state of nudity" means:(1) the appearance or display of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or (2) a state of dress which fails to opaquely and fully cover a human buttock, anus, male or female genitals, pubic region or areola or nipple of the female breast.

E.

"Operator" means and includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.

F.

"Other adult business" means any other business or commercial establishment not otherwise defined herein:

1.

In which the establishment provides entertainment to patrons, a substantial portion of the total presentation time of which is characterized by an emphasis on depicting, describing or relating to specified sexual activities or specified anatomical areas; or

2.

Which devotes more than twenty-five percent of the total area used for display and sale of its stock in trade to items, instruments, and/or paraphernalia characterized by an emphasis on depicting, describing or relating to specified sexual activities.

G.

"Permitted" or "unpermitting premises" means any premises that requires a license and/or permit and that is classified as a sexually oriented business.

H.

"Permittee" and/or "licensee" means a person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.

I.

"Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity.

J.

"Public building regularly frequented by children" means any building owned, leased or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used as a library, community center, children's center, or any other use having special attraction to children, or which building is often visited by children for social activities unaccompanied by their parents or other adult custodians.

K.

"Public park" or "recreation area" means public land which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space wilderness areas, or similar public land within the city which is under the control, operation, or management of the city park and recreation authorities.

L.

"Religious institution" means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.

M.

"Residential district" means an area zoned for single family homes, duplexes, town homes, multiple family residence, mobile home parks or subdivisions, and recreational vehicle parks.

N.

"School" means any public or private educational facility including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.

O.

"Semi-nude" means a state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.

P.

"Sexually oriented business" means an adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, sexual encounter establishment, escort agency or nude model studio.

Q.

"Specified anatomical areas," as used in this chapter means and includes any of the following:

1.

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or

2.

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

R.

"Specified sexual activities," as used in this chapter, means and includes any of the following:

1.

The fondling or other intentional touching of buttocks for purpose of sexual arousal, or fondling or other intentional touching of human genitals, pubic region, anus, or female breasts;

2.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

3.

Masturbation, actual or simulated;

4.

Human genitals in state of sexual stimulation, arousal or tumescence; and

5.

Excretory functions as part of or in connection with any of the activities set forth in subsections 1 through 4 of this subsection.

S.

"Substantial enlargement of a sexually oriented business" means an increase in the floor areas occupied by the business as the floor areas existed on the affected date of this ordinance.

T.

"Transfer of ownership or control of a sexually oriented business" means and includes any of the following:

1.

The sale, lease or sublease of the business; and

2.

The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means.

(Ord. 400 § 1 Exh. A (part), 2002)

A.

Zone. Adult businesses may be established only in the Industrial (I), Service Commercial (CS) and/or General Commercial (CG) zones.

B.

Dispersion Requirements.

1.

Dispersion Between Businesses. No adult business shall be established within three hundred feet of any other adult business whether inside or outside of the city.

2.

Dispersion from Other Uses. No adult business shall be established within five hundred feet adjacent to a residential parcel and within five hundred feet of children's schools, public parks, churches, funeral parlors, public or governmental buildings, child centers or teen centers.

3.

Measurement of Dispersion. The distance specified in this section shall be a straight line, measured without regard to intervening structures, from the nearest point on the lot where the adult business is to be located to the nearest line of the other adult business.

(Ord. 400 § 1 Exh. A (part), 2002)

A.

Performance Standards. No adult business shall be conducted so as to permit observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public property or way outside the building or area of the business. This provision shall apply to any display, decoration, sign, show window, or other opening.

B.

Other Standards. Adult businesses shall comply with other development, performance, design and signage requirements of the zone in which they are located.

(Ord. 400 § 1 Exh. A (part), 2002)

The owners, operators, and managers of premises which constitute an adult business under this chapter are responsible for compliance with this chapter.

(Ord. 400 § 1 Exh. A (part), 2002)