The purpose of this chapter is to create an overlay zoning district whereby adult establishments are sufficiently separated from each other and conflicting uses so as to ameliorate the negative secondary effects of adult uses while providing adult establishments sufficient area and opportunity to operate within the city so as not to suppress their existence.

(Ord. 1999-4 (part))

As used in this chapter:

"Adult establishment" includes adult book stores, adult motion picture theaters, adult novelty stores, and further means any premises to which public patrons or members are invited or admitted that is substantially devoted to the purveyance, demonstration or display of specified sexual activities or specified anatomical areas.

"Adult bookstore" means an establishment which as its substantial course of conduct, presents adult entertainment for observation by patrons therein, or which, as part of its substantial course of conduct, offers for sale, rent, trade, lease, inspection or viewing books, films, video cassettes, magazines or other such media, which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified anatomical areas or specified sexual activities.

"Adult entertainment" means any exhibition of any motion picture, live performance, display or dance of any type which has as a significant or substantial portion of such performance, or is distinguished or characterized by an emphasis on, any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas.

"Adult motion picture theater" means any establishment for the presentation of motion pictures that as its dominant theme, or distinguished or characterized by an emphasis on, matters depicting, describing or relating to specified sexual activities, or specified anatomical areas for observations by patrons therein.

"Adult novelty store" means any establishment which as its substantial course of conduct offers for sale, rent, trade, lease, inspection or viewing any adult novelty items, sex toys, sexual gratification appliances, or other similar products, excluding contraceptives or similar products of medical value, that are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified anatomical areas or specified sexual activities.

"Specified anatomical areas" means either:

1.

Less than completely and opaquely covered human genitals pubic region;

2.

Human male genitals in a discernible turgid state, even if opaquely covered;

3.

Less than completely and opaquely covered nipples or areolas of the human female breast.

"Specified sexual activities" means simulated or actual:

1.

Showing of human genitals in a state of sexual stimulation or arousal;

2.

Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or cunnilingus; or

3.

Fondling or erotic touching of human genitals, pubic region, buttocks or female breasts.

"Substantial" means forty (40) percent or more of a business stock in trade, display space, floor space or retail sales in any one month. Upon reasonable belief that an entity is in excess of the forty (40) percent threshold, that entity shall provide all necessary records, receipts and documentation to the city upon request. Failure to do so shall result in a presumption that the entity is operating in excess of the threshold.

(Ord. 1999-4 (part))

A.

No adult establishment shall be located:

1.

Within any zoning district other than general commercial, limited commercial, highway commercial, industrial, and heavy industrial;

2.

Within two hundred fifty (250) (plus) feet of an existing adult establishment;

3.

Within two hundred fifty (250) feet of any dwelling as defined in Section 17.04.020;

4.

Within two hundred fifty (250) feet of any pre-existing school, church or daycare, as defined in Section 17.04.020;

5.

Within two hundred fifty (250) feet of any pre-existing establishment licensed to sell or dispense fermented malt beverages or intoxicating liquor.

B.

For purposes of this chapter, distances are to be measured in a straight line, without regard to intervening structures or objects, from the property line of the adult establishment, to the nearest property line of another adult establishment, dwelling, school, church, daycare or establishment selling of dispensing fermented malt beverages of intoxicating liquor.

(Ord. 1999-4 (part))

A.

No adult establishment shall be open between the hours of two (2:00) a.m. and eight (8:00) a.m., Monday through Friday, between the hours of two-thirty (2:30) a.m. and eight (8:00) a.m. on Saturdays, or between the hours of two-thirty (2:30) a.m. and twelve (12:00) noon on Sundays.

B.

All adult establishments shall be open to inspection at all reasonable times by the police department and the code enforcement officer.

(Ord. 1999-4 (part))

See Chapter 17.84.

(Ord. 1999-4 (part))