For purposes of this article, the word “he” shall be defined to include the word “she.”

Unless otherwise expressly stated, the following terms shall, for the purposes of this article, have the meanings indicated in this section.

An adult entertainment establishment shall be located within a specific zoning district as set forth in this chapter.

A person commits an offense if he establishes, operates, or causes to be operated or expanded an adult entertainment establishment within one thousand feet (1,000') of:

A person commits an offense if he establishes, operates or causes to be operated or expanded an adult entertainment establishment within one thousand feet (1,000') of any other adult entertainment establishment.

A person commits an offense if he establishes, operates or causes to be operated or expanded an adult entertainment establishment in any building, structure or portion thereof containing another adult entertainment establishment.

For the purposes of subsection (b), measurement shall be made in straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as tenant space occupied for an adult entertainment establishment to the nearest property line of the premises of a church, public or private elementary or secondary school, licensed day-care center, or to the nearest boundary of an affected public park, residential district, or residential lot.

For purposes of subsection (c) of this section, the distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located or from the closest wall of the tenant space occupied as applicable.

Any adult entertainment establishment lawfully operating prior to the effective date of this article, which is in violation of section 14.11.205 “location,” shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed three (3) years from the effective date of this article, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more adult entertainment establishments are within one thousand feet (1,000') of one another and otherwise in a permissible location, the adult entertainment establishment which was first established and continually operating at a particular location is the conforming use and the later-established business(es) is nonconforming.

Notwithstanding anything contained herein to the contrary, the license and amortization appeal board may extend the amortization period hereinabove provided to a reasonable period of time for any nonconforming adult entertainment establishment upon a showing by a particular business that without an extension it will be unable to recoup its investment in the nonconforming structure.

An adult entertainment establishment lawfully operating as a conforming use after the effective date of this article is not rendered a nonconforming use by the location, subsequent to the commencement of operation of the adult entertainment establishment, of a church, public or private elementary or secondary school, public park, licensed day-care center, residential use or residential zoning district within one thousand feet (1,00') of the adult entertainment establishment.

A person commits an offense if he operates or causes to operate an adult entertainment establishment without a valid license, issued by the town for the particular type of business.

An application for a license must be made on a form provided by the director of public safety. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches (6").

The applicant must be qualified according to the provisions of this division.

If a person who wishes to operate an adult entertainment establishment is an individual, he must sign the application for a license as applicant. If a person who wishes to operate an adult entertainment establishment is other than an individual, each individual who has a twenty percent (20%) or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under section 14.11.315 “license issuance” and each applicant shall be considered a licensee if a license is granted.

The fact that a person possesses other types of state or town permits does not exempt him from the requirement of obtaining a license for an adult entertainment establishment.

The provisions of this division shall apply to existing adult entertainment establishments beginning ninety (90) days after the effective date of this article.

Any person, association, firm, partnership or corporation desiring to obtain an adult entertainment establishment license shall make application on a form provided by the director of public safety or his designee.

All applications for a license under this division shall be accompanied by a nonrefundable application fee of five hundred dollars ($500.00). An application shall not be considered to have been filed until the fee is paid and all information required by the application form has been submitted.

The director of public safety shall approve the issuance of a license to an applicant within thirty (30) days after receipt of an application unless the director of public safety finds one (1) or more of the following to be true:

The fact that conviction is being appealed shall have no effect on the disqualification of the applicant or applicant’s spouse.

An applicant who has been convicted or whose spouse has been convicted of an offense listed in subsection (a)(10)(A) may qualify for an adult entertainment establishment license only when the time period required by subsection (a)(10)(B) has elapsed.

The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date and the address of the adult entertainment establishment.

The license shall be posted in a conspicuous place at or near the entrance to the adult entertainment establishment so that it may be easily read at any time.

An applicant or licensee shall permit representatives of the police department, health department, fire department and building inspections division to inspect the premises of an adult entertainment establishment for the purpose of insuring compliance with the law, at any time it is occupied or open for business.

A person who operates an adult entertainment establishment or his agent or employee commits an offense if he operates the establishment without maintaining a current list of all employees employed by the business, along with a complete updated application. A valid driver’s license, state identification card, or passport, all with a photo, shall be required for all employment applications.

A person who operates an adult entertainment establishment or his agent or employee commits an offense if he refuses to permit a lawful inspection of the premises by a representative of the police department at any time it is occupied or on for business.

The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation.

Each license shall expire one (1) year from the date of issuance.

A license may be renewed by submission to the director of public safety or his designee of an application on the form prescribed by such official and payment of a nonrefundable renewal processing fee of five hundred dollars ($500.00).

Application for renewal shall be made at least thirty (30) days before the expiration date.

The director of public safety shall suspend a license for a period not to exceed thirty (30) days if he determines that a licensee or an employee of a licensee has:

When the director of public safety is authorized to suspend a license under this section, he shall give the licensee the opportunity to pay a reinstatement fee of two hundred dollars ($200.00) rather than have the license suspended.

The director of public safety shall revoke a license if a cause of suspension in section 14.11.330 “suspension” occurs and the license has been suspended or a reinstatement fee paid within the preceding twelve (12) months.

The director of public safety shall revoke a license if he determines that:

The fact that a conviction is being appealed shall have no effect on the revocation of the license.

Subsection (b)(7) above does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in a public place or within public view.

When the director of public safety revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued an adult entertainment establishment license for one (1) year from the date revocation became effective. If, subsequent to revocation, the director of public safety finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective. If the license was revoked under subsection (b)(5), an applicant may not be granted another license until the appropriate number of years required under section 14.11.315(a)(10) has elapsed.

If the director of public safety is authorized to deny the issuance of a license, or suspend or revoke a license, the director of public safety shall give written notice to the applicant or licensee of such intention.

Upon receipt of written notice of the denial, suspension or revocation, the licensee whose application for a license has been denied or whose license has been suspended or revoked shall have the right to appeal to an appropriate court.

An appeal to the appropriate court must be filed within thirty (30) days after the receipt of notice of the decision of the director of public safety or decision of the license and amortization appeal board, as applicable.

The licensee shall bear the burden of proof in court.

A person commits an offense if he transfers his license to another person or operates an adult entertainment establishment under the authority of a license at any place other than the address designated in the application.

A person commits an offense if he counterfeits, forges, changes, defaces or alters a license.

If the director of public safety denies the issuance of a license to an applicant because the location of the adult entertainment establishment is or would be in violation of section 14.11.205 “location,” then the applicant may, not later than ten (10) calendar days after receiving notice of the denial, file with the city secretary a written request for an exemption from the locational restrictions.

If the written request is filed with the city secretary within the ten (10) day limit, a license and amortization appeals board shall consider the request. The city secretary shall set a date for the hearing within sixty (60) days from the date the written request is received. If a timely request is so filed the existing license is deemed not to have expired until the decision of the board on such request.

The board of adjustment as created by article 1.05, division 4, of this code shall serve as the license and amortization appeal board pursuant to this article. All references in this article to the license and amortization appeal board are to be construed as references to the board of adjustment. The reference in this code section 1.05.112 “powers and duties” to a license and amortization appeal board is a reference to the board described throughout this adult entertainment article.

A hearing by the board may proceed only if three (3) of the board members or alternates are present. The board shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.

The license and amortization appeal board may grant an exemption from the locational restrictions of section 14.11.205 “location,” if it makes the following findings:

In making the findings specified in subsection (e) above, the board shall take into account among other things:

The board shall grant or deny the exemption by a majority vote. Failure to reach a majority vote approving the exemption shall result in denial of the exemption. Disputes of fact shall be decided on the basis of a preponderance of the evidence. The decision of the license and amortization appeal board is final.

If the board grants the exemption, the exemption is valid for one (1) year from the date of the board’s action. Upon the expiration of an exemption, the adult entertainment establishment is in violation of the locational restrictions of section 14.11.205 “location” until the applicant applies for and receives another exemption.

If the board denies the exemption, the applicant may not reapply for an exemption until at least twelve (12) months have elapsed since the date of the board’s action.

The grant of an exemption does not exempt the applicant from any provisions of this article other than the location restrictions.

An employee of an adult cabaret while appearing in a state of nudity commits an offense if he touches a customer or the clothing of a customer.

A customer at an adult cabaret commits an offense if he touches an employee appearing in a state of nudity or the clothing of the employee.

A licensee or employee commits an offense if he permits any customer access to an area of the premises not visible from the manager’s station or not visible by a walk-through of the premises without entering a closed area, excluding restrooms.

A person commits an offense if he employs at an escort agency any person under the age of eighteen (18) years.

A person commits an offense if he acts as an escort or agrees to act as an escort for any person under the age of eighteen (18) years.

A person commits an offense if he employs at a nude model business any person under the age of eighteen (18) years.

A person under the age of eighteen (18) years commits an offense if he appears in a state of nudity in or on the premises of a nude model business. It is a defense to prosecution under this subsection if the person under eighteen (18) years was in a restroom not open to public view or persons of the opposite sex.

A person commits an offense if he appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model business premises which can be viewed from the public right-of-way.

A person commits an offense if he places or permits a bed, sofa, or mattress in any room on the premises of a nude model business except that a sofa may be placed in a reception room open to the public.

A licensee or employee commits an offense if he permits any customer access to an area of the premises not visible from the manager’s station or not visible by a walk-through of the premises without entering a closed area, excluding restrooms.

A person commits an offense if he knowingly allows a person under the age of eighteen (18) years to appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater.

A person under the age of eighteen (18) years commits an offense if he knowingly appears in a state of nudity in or on the premises of an adult theater or adult motion picture theater.

It is a defense to prosecution under subsections (a) and (b) of this section if the person under eighteen (18) years was in a restroom not open to public view or persons of the opposite sex.

Upon application for an adult entertainment establishment license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager’s stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed thirty-two square feet (32 ft²) of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches (6"). The director of public safety may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

The application shall be sworn to be true and correct by the applicant.

No alteration in the configuration or location of a manager’s station may be made without the prior approval of the director of public safety or his designee.

The licensee commits an offense if he permits a manager’s station to be unattended by an employee at any time a customer is present on the premises.

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any customer is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two (2) or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any customer is permitted access for any purpose from at least one of the manager’s stations. The view required in this subsection must be by direct line of sight from the manager’s station.

The licensee commits an offense if he permits access to a customer of any area of the premises that is not visible from the manager’s station for any purpose excluding restrooms.

The owners, operator and any agents and employees present on the premises shall ensure that the view area specified in subsection (5) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any customer is present in the premises and to ensure that no customer is permitted access to any area of the premises which has been designated as an area in which customers will not be permitted in the application filed pursuant to subsection (1) of this section.

The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than one (1.0) footcandle as measured at the floor level.

The licensee commits an offense if he permits illumination of any area of the premises to which customers have access to be less than one (1.0) footcandle.

It is a defense to prosecution under section 14.11.205 “location,” section 14.11.305 “license required,” and section 14.11.415 “additional regulations for model businesses” that a person appearing in a state of nudity did so in a modeling class operated:

It is a defense to prosecution under section 14.11.205 “location” and section 14.11.305 “license required” that said item of descriptive, printed, film or video material offered for sale or rental: