In order to minimize the detrimental effect adult establishments have on adjacent land uses, and to promote the public health, safety and general welfare of the city, the city council adopts the following regulations, recognizing that it has a great interest in the present and future character of the city's residential and commercial neighborhoods. Adoption of these regulations is not intended to unreasonably restrict the opportunity of adult establishments to locate in the city, but is for the purpose of preventing a concentration of these uses in any one area. (Ord. 2408, 10-1-2012)

For purposes of this chapter, these terms shall be defined as follows:

ADULT ENTERTAINMENT CENTER: An enclosed building or a part of an enclosed building, wherein an admission is charged for entrance into the facility, or for food, alcoholic beverages or other beverages intended for consumption within the facility, wherein may be observed or which contains one or more coin operated mechanisms which when activated permit a customer to view one or more live persons unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola, or any portion of the male or female pubic hair, anus, cleft of the buttocks, vulva or genitals.

ADULTS ONLY BOOKSTORE: An establishment having as a substantial or significant portion of its stock in trade, books, magazines, films for sale or viewing on premises by use of motion picture devices or other coin operated means, and other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to "nudity", "sexual conduct", "sexual excitement" or "sadomasochistic abuse", as defined herein, or an establishment with a segment or section devoted to the sale or display of such material, for sale to patrons therein.

ADULTS ONLY MOTION PICTURE THEATER: An enclosed building used regularly and routinely for presenting programs, material distinguished or characterized by an emphasis on matter depicting, describing or relating to "nudity", "sexual conduct", "sexual excitement" or "sadomasochistic abuse", as defined herein, for observation by patrons therein.

MINOR: Any natural person under the age of eighteen (18) years.

NUDITY: The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.

PERSON: One or more natural persons; a partnership, including a limited partnership; a corporation, including a foreign, domestic, or nonprofit corporation; a trust; a political subdivision of the state; a limited liability corporation; professional association; or any other business organization or entity.

RAP PARLOR: An establishment or place primarily in the business of providing nonprofessional conversation or similar services for adults.

SADOMASOCHISTIC ABUSE: Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

SEXUAL CONDUCT: Acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's unclothed genitals, pubic area, buttocks or, if such person be a female, her breast.

SEXUAL EXCITEMENT: The condition of human male or female genitals when in a state of sexual stimulation or arousal. (Ord. 2408, 10-1-2012)

   A.   None of the foregoing adult businesses or adult establishments as defined in section 10-12-2 of this chapter shall be owned or operated within the city except within the following zoned areas: HB highway oriented business district; TWC transportation, warehousing, and commercial district; and I industrial district. No adult business or adult establishment shall operate within six hundred feet (600') (as measured from the closest point of the property lines, but excluding public rights of way in the computation of the 600 foot distance) of another adult establishment, residential district, daycare provider, on- or off-sale liquor establishments, public park, public facility, church or a school meeting all of the requirements of the compulsory education laws of the state of South Dakota.

   B.   The six hundred foot (600') restriction provided for may be waived and a conditional use permit issued upon proper application if the city finds:

      1.   That the proposed use will not be contrary to public interest or injurious to nearby properties and that the spirit and intent of this chapter will be observed; and

      2.   That the proposed use will not enlarge or encourage the development of a "skid row" area; and

      3.   That all applicable ordinances and regulations will be observed. (Ord. 2408, 10-1-2012)

Any business lawfully in existence and establishments previously approved before the effective date hereof currently within city limits or subsequently annexed into the city limits or which is located within that approximate one mile area outside the city of Mitchell city limits in which Davison County relinquished its zoning authority pursuant to South Dakota Codified Laws 11-6-12 to the city of Mitchell, described as follows:

Mitchell Township, 103-60, Sections Three (3), Four (4), Five (5), Six (6), Eight (8), Nine (9), Ten (10), West Half (W 1/2) of Eleven (11), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), East Half (E 1/2) of Nineteen (19), Twenty (20), Twenty-one (21), Twenty-two (22), Twenty-three (23), the West Half (W 1/2) of Twenty-four (24), Northwest Quarter (NW 1/4) of Twenty-five (25), Twenty-six (26), Twenty-seven (27), Twenty-eight (28), Twenty-nine (29), East Half (E 1/2) of Thirty (30), Thirty-two (32), Thirty-three (33), Thirty-four (34), the Northeast Quarter (NE 1/4) and West Half (W 1/2) of Thirty-five (35); and Perry Township, 104-60, Sections Twenty-seven (27), Twenty-eight (28), Twenty-nine (29), East Half (E 1/2) of Thirty (30), Thirty- one (31), Thirty-two (32), Thirty-three (33) and Thirty-four (34)

shall not be subject to the provisions of this chapter or this title generally; any such business shall be allowed to replace, enlarge, expand or transfer such business. (Ord. 2408, 10-1-2012)