When referenced in a zone as a special use, adult entertainment businesses are permitted, subject to compliance with the following requirements: (5/98)

A.

Definitions. (5/98) For the purpose of this section, the following definitions shall apply: (5/98)

1.

Adult entertainment business. A term intended to cover a broad range of activities characterized by live, closed circuit, digital, or reproduced material which has an emphasis on nudity and/or sexual activity. Adult businesses limit their patrons to persons at least 18 years of age. The term "adult entertainment business" also includes the full range of adult motion picture or video theaters and related businesses, such as adult bookstores, adult theaters, adult massage parlors, adult lotion studios, adult arcades, adult cabarets, adult paraphernalia shops, and other establishments which make up a substantial or significant portion of the establishment's activities or merchandise and constitute a continuing course of conduct of exhibiting specified sexual activities and/or nudity in a manner which appeals to a prurient interest. The term "adult entertainment business" also includes other uses similar to the uses mentioned above, presenting material for patrons to view (live, closed circuit, or reproductions), providing massage or lotion studios for the purpose of fondling or other erotic touching of specified anatomical areas and/or purchase or rent of merchandise which emphasizes nudity and/or specified sexual activity in a manner which appeals to a prurient interest, and limiting entrance to patrons who are over 18 years of age. (5/98)

2.

Nudity or nude. Being devoid of an opaque material covering the human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola and where such opaque material does not simulate the organ covered. (5/98)

3.

Specified sexual activities. Real or simulated acts of sexual intercourse, human/animal sexual intercourse, masturbation, sadomasochistic abuse, sodomy or the exhibition of human organs in a simulated state, or the characterization thereof in a printed or visual form, or fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts. (5/98)

4.

Substantial or significant portion. More than ten percent of the total cost of the inventory of merchandise for sale in the establishment, whether at wholesale or retail, or more than ten percent of the establishment's gross sales per month, whether wholesale or retail, or more than ten percent of a film or video or live performance. (5/98)

B.

Location requirements.

1.

No adult entertainment business shall be located within a distance closer than 2,000 feet from another adult entertainment business at the time the adult entertainment business is established; and

2.

No adult entertainment business shall be located within a distance closer than 1,000 feet from the following zones and land uses in existence at the time the adult entertainment business is established: (5/98)

a.

The boundary of a residential zone. (5/98)

b.

A public or private elementary, middle school, or high school. (5/98)

c.

A park or public playground. (5/98)

d.

A house of worship. (5/98)

C.

Distance measurement. The distance referred to in item 2 above shall be measured in a straight line, without regard to intervening structures or obstructions, from the closest point of the structure or portion of the structure containing the adult entertainment business to the closest point of the protected zone or use. (5/98)