Adult entertainment activities, as herein defined, shall be subject to the restrictions, requirements and conditions contained herein. The restrictions, requirements and conditions set forth in this article are in addition to any and all other zoning requirements contained in this chapter.

(A)

Definitions. For the purpose of this article, the following definitions apply unless the context clearly indicates or requires a different meaning.

Adult amusement arcade means an establishment with customer-operated motion picture devices, peep shows and/or similar devices.

Adult bookstore means an establishment having as a substantial or significant portion of its stock in trade for sale, rent or display, pictures, books, periodicals, magazines, appliances and similar material which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities, as hereinafter described, or an establishment with a segment or section devoted to the sale or display of such material.

Adult mini-motion picture theater means an establishment with a capacity for less than 50 persons having as a substantial or significant portion of its use the presentation of materials having as a dominant theme or characterized or distinguished by an emphasis on matter depicting, describing or relating to sexual activities as hereinafter described for observation by persons thereinafter.

Adult motion picture theater means an establishment for 50 or more persons having as a substantial or significant portion of its use the presentation of material having as a dominant theme or characterized or distinguished by an emphasis on matter depicting, describing or relating to sexual activities, as hereinafter relating to sexual activities, as hereinafter described for observation by persons therein.

Adult stage show theater means an establishment used for presenting live performances of human and/or animals having as a dominant theme or characterized or distinguished by an emphasis on matter depicting or relating to sexual activities, as hereinafter described, for observation by persons therein.

Bath house means an establishment for providing bathing, sauna, steam room and/or lavatory facilities for male and/or female persons which promotes its services by using and/or advertising the use of homosexual attendants.

Cabaret means an establishment which features as entertainers and/or waiters and/or bartenders, male or female impersonators and/or persons either male or female, who expose to public view of the patrons of said establishment at any time the bare female breast below a point immediately above the areola, human genitals, pubic region and/or buttocks and/or human or simulated male genitals in a discernable turgid state, even if completely and opaquely covered.

Churches means a building for religious and public worship.

Massage parlor means an establishment that provides services for treating the human body by nibbing, stroking and kneading, tapping or similar treatment with the human hand. (This would exclude chiropractic treatment and physical therapy by a licensed chiropractor or licensed physical therapist, respectively.)

Park means a tract of land for public use that has been designated on the city's zoning use maps as a public area.

Residential neighborhoods means any residential use within the city or the buffer zone of the city with a zoning classification of R1, R2 or R3 or a mobile home park.

Specified anatomical areas.

(a)

Less than completely and opaquely covered:

1.

Human genitals or pubic regions;

2.

Buttock; and

3.

Female breast below a point immediately above the top of the areola.

(b)

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

Specified sexual activities.

(a)

Human genitals in a state of sexual stimulation or arousal;

(b)

Acts of human masturbation, sexual intercourse or sodomy; or

(c)

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

Taxi dance hall means an establishment operated as a public dance hall where dance partners, either male or female, are available for hire for a monetary consideration payable either by the dance or as part of an entrance fee or membership fee.

(B)

Distance restrictions, requirements and conditions.

(1)

Schools, parks, churches, residential, agriculture and public areas. The public entrance to an establishment engaging in adult entertainment activities shall not be located within 2,000 feet of any building containing a school, church, public park, public mall or park-like area of public open space or residential use. Such distance shall be measured along a straight line from the nearest property line of the real estate on which said building or public park-like areas is located to the entrance of such establishment engaging in an adult entertainment activity.

(2)

Other adult entertainment uses, hotels, motels and transportation depots. The public entrance to an establishment engaging in adult entertainment activities shall not be located within 1,000 feet of the entrance of a similar adult activity establishment, nor within 2,000 feet of the nearest property line of the real estate on which any hotel, motel, convention facility or transportation depot is located.

(3)

Restrictions. Restrictions and establishments engaging in adult entertainment activities, except as otherwise provided by laws which may be more restrictive, may not have any signs with wording or pictorial or representational matter which is distinguished or characterized by its emphasis on matter depicting, describing or relating to sexual activities, as herein defined.

(C)

Public display; prohibited activities and anatomical areas.

(1)

Materials offered for sale from adult news racks shall not be displayed or exhibited in a manner, which exposes to public view any pictures or illustrations of human genitals or specified sexual activities.

(2)

Adult bookstores and adult motion picture theaters shall not display or exhibit any material depicting human genitals or specified sexual activities in a manner which exposes said material to the view of persons outside the building in which said bookstore or motion picture theaters are located.

(Ord. No. 2001-1478, 11-19-2001)

(A)

An establishment engaging in adult entertainment activities, except as otherwise provided by laws which may be more restrictive, may not have more than one outside flush to the wall, fascia style sign, not to exceed in size three feet in length (horizontal to the ground) with no flashing lights and with no lettering, wording or pictorial or representational matter which is distinguished or characterized by its emphasis on matter depicting, describing or relating to sexual activities as herein defined.

(B)

An establishment engaging in adult entertainment activities may not display its stock in trade or activities in such a manner as to be subject to public view from outside the establishment, including, but not limited to, view from public sidewalks, streets, arcades, hallways or passways.

(C)

An operator engaging in adult entertainment activities may not permit a person less than 18 years of age to enter his or her establishment.

(D)

An operator engaging in adult entertainment activities shall, at all times, cause the entrance of his or her establishment to be so attended as to ensure compliance with the requirements contained in subsection (C) above.

(E)

An adult amusement arcade, except as otherwise provided by law which may be more restrictive, shall meet the following requirements.

(1)

Any wall or partition which is situated so as to create a room, enclosure or both in which any amusement device is located shall be constructed of not less than one-hour fire-resistive material.

(2)

The width of the aisles in any room where an amusement device is located shall be more than 42 inches.

(3)

There shall be no fewer than two doorways of a width no less than 36 inches which provide ingress or egress from any room in which an amusement device is located; provided, however, that one doorway shall be sufficient in the event the fire chief should so determine. Doorway or doorways shall be unlocked during business hours.

(4)

Over every doorway, which provides egress from any room in which an amusement device is located, there shall be maintained an internally illuminated exit sign with letters at least five inches in height.

(5)

Each amusement device located in such establishment shall be situated so as to permit the person using the device to have a constantly unobstructed view of the doorway or doorways, which provide ingress or egress from the establishment.

(6)

All requirements of the state's department of fire and building services.

(7)

A light level of no less than ten footcandles floor level shall be maintained in every portion of said establishment to which the public is admitted.

(8)

The numbers of persons in any room or partitioned portion of a room where amusement devices are located shall not exceed one person per 30 square feet. The maximum occupancy load permitted where any amusement devices are located shall be conspicuously posted by the operator, and shall remain posted, at the entrance of said room.

(9)

The number of amusement devices shall not exceed the maximum occupancy load permitted in any room or partitioned portion of a room in which an amusement device is located. The maximum number of amusement devices permitted in any room or partitioned portion of a room shall be conspicuously posted by the operator and shall remain posted, at the entrance of said room.

(Ord. No. 2001-1478, 11-19-2001)

The city council is empowered to enact whatever rules and regulations are necessary for the orderly and complete administration of this article.

(Ord. No. 2001-1478, 11-19-2001; Ord. No. 2017-1742, 4- -2017)

(A)

The operator of an establishment engaging in an adult entertainment activity shall be required to make application for a license with the council through the clerk-treasurer's office after the effective date of this chapter. Such application shall be in writing, under oath, and shall be in the form prescribed by the city council and shall contain the following information together with such further information as the council may require:

(1)

The name and location of the establishment;

(2)

The names and addresses of the applicants, owners of the establishment; and, if a corporation, the names and addresses of the directors and the names and addresses of shareholders owning capital stock therein; and, if a partnership, the names and addresses of the partners;

(3)

The names and addresses of any owners of the property on which the establishment is located;

(4)

The names and addresses of any rental agency of the property on which the establishment is located;

(5)

The nature of the activity or activities to be engaged at such location;

(6)

The name and address of any person the applicant wants mail notice to be given in case of violation or other matters affecting the license hereunder;

(7)

The application shall include a photograph or drawing of any signs displayed or proposed to be displayed on the exterior of the establishment and a statement of the dimension of such signs;

(8)

A certificate of occupancy issued through the city's plan commission, certifying the business is in compliance with the applicable zoning laws, shall accompany such application; and

(9)

The application shall include a certificate from the fire chief of the jurisdiction having authority that all applicable fire regulations have been met and, in the case of an adult amusement arcade, that all requirements of this chapter have been met.

(B)

The council will cause the premises to be inspected after such application has been received and shall issue a license forthwith if all restrictions, requirements and conditions, and all applicable requirements of law and article have been met. The building inspector for the city shall be empowered to inspect for purposes of this section of the chapter. However, the granting of a license does not certify compliance with all applicable laws, nor does it stop the city from enforcement of all applicable laws. If inspection reveals failure to comply with any restrictions, requirements or conditions, the trustees, through the building inspector, shall notify the applicant in writing of the fact, stating what failures have been discovered and allow a reasonable time to correct such defects and informing the applicant of the procedure if the applicant does not agree with the council's decision which shall be an appeal directly to the circuit court of the county.

(C)

The council may permit such variance or deviation from the regulations of this chapter as will effectuate the purpose and intent of this chapter.

(D)

After the effective date of this chapter, no operator shall maintain, operate or conduct an establishment engaging in adult entertainment activities unless such person has made application and obtained a license.

(E)

After the effective date of this chapter, upon receipt of notice, no owner shall permit adult entertainment activities to operate on his property without a license.

(F)

All licenses shall be for the calendar year January 1 to December 31, or the remaining portion of such calendar year. An annual license fee shall be paid in the amount listed in Section 94-240 of this chapter.

(G)

Annual fees may be prorated at the rate of one-twelfth of the annual license fee for the remaining full months of the current calendar year.

(H)

Application for renewal of a license shall be made on or before October 1 of each year and accompanied by the annual fee as listed in Section 94-240 of this chapter. Such application shall also contain any changes in the information required by subsection (A) above which have occurred since the previous application.

(I)

A license may be transferred to a new owner or operator or to a new location by a license holder by giving written notice to the council 14 days before the effective day of such transfer, and upon filing therewith the complete information required in subsection (A) above for the new owner or operator, and upon the finding by the council that such new owner or operator or location is qualified under this chapter. The fee for a licensed transfer shall as listed in Section 94-240 of this chapter.

(J)

The city council shall have the power to revoke said license for the failure to comply with restrictions, requirements and conditions set forth herein.

(Ord. No. 2001-1478, 11-19-2001)