It is the intent of this article to restrict the location of Adult Entertainment Establishments to promote the health, safety and general welfare of the citizens of the City of New Castle, and to establish reasonable and uniform regulations and restrictions designed to effectuate the purposes of this article. It is recognized that, among other things, negative secondary affects result from sexually oriented businesses, including the transmission of sexually oriented diseases; increased crime; decreased property values and a downgrading of the quality of life in neighborhoods adjacent to Adult Entertainment Establishments. Moreover, the location of Adult Entertainment Establishments is a vital concern, especially when the location is in or near areas where minors may learn, play, pass by or would be exposed to the advertising, window displays or general atmosphere accompanying such establishment. Thus, it is a firm belief of the legislative body of the City of New Castle that it has a vital duty and role to promulgate laws designed to protect the moral fiber and standards of City residents, including the minors of the community.

The City of New Castle, in enacting these regulations and restrictions relative to Adult Entertainment Establishments, is exercising the power which has been conferred upon it and does not attempt or intend to absolutely prohibit Adult Entertainment Establishments in the City of New Castle, but rather, seeks to restrict the location of such establishment and to regulate such establishments provided that such regulation is not protected by the First Amendment of the United States Constitution. The provisions of this article have neither the purpose nor affect of imposing a limitation, or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor affect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Nor is it the intent nor affect of this article to condone or legitimate the distribution of obscene material.

For the purpose of this article, "Adult Entertainment Establishments" are defined as follows:

"Specified anatomical areas" as used herein, shall mean and include any of the following:

"Specified sexual activities" include the following:

No Adult Entertainment Establishment shall be located within 1,000 feet of any other Adult Entertainment Establishment or any other regulated use.

No such establishment shall be located within 1,000 feet of any parcel of land which contains any one or more of the following specified land uses:

The distance between any two Adult Entertainment Establishments shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each establishment; and the distance between an Adult Entertainment Establishment and any land use specified in Subsection (b) above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of the Adult Entertainment Establishment to the closest point on the property line of said land use.

No person operating an Adult Entertainment Establishment shall permit, or cause to be permitted to be viewed from a public street, sidewalk or highway, any sign or stock in trade which depicts, describes or relates to specified sexual activities and/or specified anatomical areas.

No Adult Entertainment Establishment shall remain open or transact business between the hours of 10:00 p.m. and 12:00 noon. Adult Entertainment Establishments shall be closed on Sundays and legal holidays.

Any person who operates an Adult Entertainment Establishment without a valid permit issued by the City of New Castle is guilty of a violation of the New Castle Zoning Ordinance and shall be subject to the preventative remedies and enforcement remedies set forth in Section 1323.99(b) and (c) of Article 1323 Administration, Enforcement and Appeals, in addition to any and all other remedies available in law or equity.

An application for a permit shall be made on a form provided by the Department of Code Enforcement. The applicant shall provide truthful, accurate, full and complete information as requested by the Department of Code Enforcement in conjunction with the issuance of a permit.

The Department of Code Enforcement shall, with the input of the Zoning Officer, issue a permit to an applicant within 30 days after receipt of a completed application, unless he finds one or more of the following to be true, in which event he shall deny the permit within said thirty-day period:

The permit, if granted, shall state on its face the name of the person(s) or entity to whom it is granted, the name, address and telephone number of the person in charge of the day to day affairs of the establishment, the address of the Adult Entertainment Establishment, and the issuance and expiration date of said permit. The permit shall be posted in a conspicuous space at or near the main public entrance to the Adult Entertainment Establishment so that it may be easily read at any time from outside the confines of the Adult Entertainment Establishment building.

Each permit shall expire one year from the date of issuance and may be renewed only by complying with the application procedure set forth in Section 1336.06. Application shall be made at least 30 days before the permit expiration date. A decision to renew or deny the issuance of a permit shall be made within 30 days of receipt of the completed application by the Department of Code Enforcement.

Where the applicant certifies, under penalty of perjury, that no change has occurred in the ownership, use, possession and/or physical structure of the premises since the date of the issuance of the last permit, the applicant shall be permitted to continue the operation of its business under the exact provisions of said permit pending a decision by the Department of Code Enforcement on the renewal application.

The Department of Code Enforcement shall suspend a permit for a period not to exceed 30 days if it is determined that a permittee or his employee or agent has:

The Department of Code Enforcement shall revoke a permit if a cause of suspension occurs and the permit has been suspended within the preceding 12 months.

The Department of Code Enforcement shall revoke a permit if it is determined that:

This article shall not be construed to limit the authority of the City of New Castle to pursue any and all other remedies and relief that may be available to it in law or in equity under the laws applicable in any case.