(1) Minimum lot area and width. A lot area of not less twenty one thousand seven hundred eighty (21,780) square feet and a lot width of not less than ninety (90) feet at the building line shall be provided for every building or other structure erected or used for any use permitted. The heights of buildings and other structures erected or enlarged, the area, width, yard, and building coverage requirements shall be specified on the submitted development plan.

(2) Front yard. There shall be a front yard between the building line and the street right-of-way as follows:

(3) Side yards. There shall be a side yard as follows:

(4) Rear yard. There shall be a rear yard on each lot, the depth of which shall be not less than twenty (20) feet from the rear lot line.

(5) Building coverage. Not more than fifty (50) percent of any lot may be covered by buildings.

(1) All business, service, storage, merchandise, display, repair, and processing shall be conducted wholly within an enclosed building unless authorized by a development variance and, except as otherwise permitted herein, for specified uses such as off-street automobile parking and off-street loading.

(2) Goods sold shall consist primarily of new merchandise, and any goods produced on the premises shall be sold at retail on the premises unless otherwise permitted herein for specified uses.

(3) Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, noise, vibration, refuse matter, or water-carried waste.

(4) All parcels located partially or completely within the U.S. 41 overlay district or Route 231 overlay district shall comply with the requirements of the U.S. 41 overlay district, the requirements of the Route 231 overlay district, or the requirements of this division 1, whichever is the most restrictive.

(1) Minimum lot area and width. A lot area of not less than thirty two thousand (32,000) square feet and a lot width of not less than ninety (90) feet at the building line shall be provided for every building or other structure erected or used for any use permitted. The heights of buildings and other structures erected or enlarged, area, width, yard, and building coverage shall be specified on the submitted development plan.

(2) Front yard. The shall be a front yard between the building line and the street right-of-way as follows:

(3) Side yards. There shall be a side yard as follows:

(4) Rear yard. There shall be a rear yard on each lot, the depth of which shall be not less than forty-five (45) feet from the rear lot line.

(5) Building coverage. No more than fifty (50) percent of any lot may be covered by buildings.

(1) All business, service, storage, merchandise, display, repair, and processing shall be conducted wholly within an enclosed building unless authorized as a developmental variance and, except as otherwise permitted herein, for specified uses such as off-street automobile parking and off-street loading.

(2) Goods sold shall consist primarily of new merchandise, and any goods produced on the premises shall be sold at retail on the premises unless otherwise permitted herein for specified uses.

(3) Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, noise, vibration, refuse matter, or water-carried waste.

(4) All parcels located partially or completely within the U.S. 41 overlay district or the Route 231 overlay district shall comply with the requirements of the U.S. 41 overlay district, the requirements of the Route 231 overlay district, or the requirements of this division 2, whichever is the most restrictive.

(1) Minimum lot area and width. A lot area of not less than thirty two thousand (32,000) square feet and a lot width of not less than ninety (90) feet at the building line shall be provided for every building or other structure erected or used for any use permitted. The heights of buildings and other structures erected or enlarged, area, width, yard, and building coverage requirements shall be specified on the submitted development plan.

(2) Front yard. There shall be a front yard between building line and the street right-of-way as follows:

(3) Side yards. There shall be a side yard as follows:

(4) Rear yard. There shall be a rear yard on each lot, the depth of which shall be not less than forty-five (45) feet from the rear lot line.

(5) Building coverage. No more than fifty (50) percent of any lot may be covered by buildings.

(1) All business, service, storage, merchandise, display, repair, and processing shall be conducted wholly within an enclosed building unless authorized as a developmental variance, and except as otherwise permitted herein, for specified uses such as off-street automobile parking and off-street loading.

(2) Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of noise, vibration, or public standards.

(1) That IC 36-1-3 et seq. authorizes the Town, as a municipality, to adopt ordinances for the purpose of protecting the health, safety and welfare of its residents and to preserve the peace, order and safety of the community;

(2) That sexually orientated businesses located and operating within the corporate boundaries of the Town require unique and special supervision by local public health and safety agencies in order to protect and preserve the health, safety and welfare of the patrons of said sexually oriented businesses, as well as the citizens of the Town;

(3) That legal precedent established by the United States Supreme Court in City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 51-52 (1986) and City of Erie v. Pap's A.M. dba "Kandyland", 529 U.S. 277, 279 (2000), provides that local legislative bodies may rely on findings and studies from other municipalities when enacting an Ordinance regulating sexually oriented businesses;

(4) That the Town Council has reviewed evidence regarding the adverse secondary effects of sexually oriented businesses, and has reviewed findings and studies from other communities regarding this subject including, but not limited to, Tucson, Arizona (1990), Garden Grove, California (1991), Los Angeles, California (1977), Whittier, California (1978), Indianapolis, Indiana (1984), Times Square, New York (1994), Oklahoma City, Oklahoma (1986), Oklahoma City, Oklahoma II (1992), Austin, Texas (1986), Dallas, Texas (1997), Newport News, Virginia (1996), and Seattle, Washington (1989);

(5) That the Town Council has determined, after reviewing studies and findings from other communities, the testimony of local residents, organizations and business people, and reports and information presented by the Town administrative staff, that there is substantial and convincing evidence that sexually oriented businesses, because of their very nature, have a deleterious effect on existing businesses in their vicinity, the surrounding residential areas and the public at large, causing, among other adverse secondary effects, increased crime and urban blight, diminished property values and the spread of sexually transmitted diseases; and

(6) That the Town Council has considered and reviewed the decisions of the United States Supreme Court, and other courts, regarding local regulation of sexually oriented businesses including, but not limited to, Young v. American Mini Theatres, Inc., 427 U.S. 50 (1976) reh. denied 429 U.S. 873 (1976); Renton v. Playtime Theatres, 475 U.S. 41 (1986) reh. denied 475 U.S. 1132 (1986); FW/PBS, Inc. v. Dallas, 493 U.S. 215 (1990); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); City of National City v. Wiener, 3 Cal. 4th 832 (1992); Topanga Press, Inc., v. City of Los Angeles, 989 F.2d 1524 (1993); City of Erie v. Pap's A.M. dba "Kandyland", 529 U.S. 277 (2000); and City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004);

(7) That the Town Council after its review, has determined that location restrictions alone do not adequately protect the health, safety and general welfare of the residents of the Town and, thus, believes that certain regulatory requirements concerning ownership and operation of sexually oriented businesses in the Town is in the best interests of the public;

(8) That the Town has further determined that restrictions for sexually oriented businesses, such as those restrictions placed on the sale and consumption of alcohol and outside advertising, will further prevent adverse secondary effects of sexually oriented businesses from affecting the health, safety and general welfare and well-being of the residents of the Town; and

(9) That the Town does not intend by passage of this chapter, to suppress any speech or expression activities protected by the First Amendment of the United States Constitution or Article 1, § 9 of the Indiana State Constitution, but to enact a content-neutral Ordinance that addresses and regulates the adverse secondary effects of sexually oriented businesses;

(10) That the Town Council does not intend to condone or legitimize the distribution of obscene material, and hereby recognizes that applicable state law prohibits the distribution of obscene material and also encourages appropriate law enforcement officials to prosecute any such illegal activities in the Town;

(11) That the Town Council hereby finds that the live entertainment presented by some sexually oriented business establishments involves a considerable amount of bodily contact between patrons and performers, including physical contact while giving and receiving gratuities, and hugging, kissing, and sexual fondling of performers and patrons. Many sexually oriented businesses offer "sofa/couch" or "straddle" dancing. In these "dances," the performers sometimes do such things as sit in the patron's lap, place their breasts against the patron's face, gyrate in such a manner as to simulate sexual intercourse while maintaining physical contact, allow patrons to suckle their breasts, breathe heavily into a patron's groin area, and bite and gnaw at, as well as fondle, the genitals of patrons. Performers, both during the semi-private dances and on a stage, have pulled patrons' faces into their vaginal areas, or performed a "whipped cream" dance wherein patrons were allowed to spoon feed themselves with whipped cream that had been spread on the breasts and vaginal and anal areas of the performers. In other instances, male patrons have placed a peeled banana between their legs while female performers have eaten the banana. Some of this conduct would violate the State Penal Code and Town Code, which prohibit, among other things, the public fondling of genitals (IC 35-45-4-1 et seq., as amended from time to time). Although no actual sexual intercourse may be involved, contact titillation provided in exchange for a gratuity constitutes prostitution, which is in violation of IC 35-45-4-2, as amended from time to time;

(12) That the Town Council is aware and has been informed that a number of courts have upheld restrictions on the amount of physical distance between performers and patrons, prohibitions against physical contact between performers and patrons, and direct payment and receipt of gratuities by performers from patrons at sexually oriented business establishments that provide live entertainment, including, but not limited to, the following: BSA, Inc. v. King County, 804 F.2d 1104, 1110-11 (9th Cir. 1986) (six (6) feet); Kev, Inc. v. Kitsap County, 793 F.2d 1053, 1061-1062 (9th Cir. 1986) (ten (10) feet); Zanganeh v. Hymes, 844 F. Supp. 1087, 1091 (D.Md. 1994) (six (6) feet); T-Marc, Inc. v. Pinellas County, 804 F. Supp. 1500, 1506 (M.D.Fla. 1992) (three (3) feet); DLS, Inc., v. City of Chattanooga, 894 F. Supp. 1140, (E.D. Tenn. 1995) (six (6) feet and prohibiting direct payment and receipt of gratuities); Parker v. Whitfield County, 463 S.E.2d 116, 117 (Ga. 1995) (prohibiting tipping and contact between dancers and patrons); Hang On, Inc. v. City of Arlington, 65 F.3d 1248, 1253-55 (5th Cir. 1995) (aff'd prohibition on touching or any contact between dancers and patrons); and Threesome Entertainment, et al. v. Jack Strittmather, et al., 4 F. Supp. 710 (N.D. Ohio 1998) (six (6) feet);

(13) That the Town Council has been advised that preventing prostitution and the spread of sexually transmitted diseases are clearly within the scope of its police powers and that legislative authority for this proposition exists in the case cited as Southeastern Promotions, Inc. v. Conrad, 341 F. Supp. 465, 477 (E.D. Tenn. 1972) rev'd on other grounds, 420 U.S. 546 (1975), among others;

(14) That the Town Council agrees and concurs that prohibiting physical contact between performers and patrons at sexually oriented business establishments, prohibiting performers from soliciting payment of gratuities from patrons, and prohibiting the direct payment of gratuities to performers by patrons are a reasonable and effective means of addressing its legitimate governmental interests; further, it is not the intent of the Town to place any impermissible burden on any constitutionally protected mode of speech, expression or conduct by the enactment or enforcement of such regulations; and

(15) That the Town Council, having reviewed all matters regarding the regulation of sexually oriented businesses, now concurs that the adoption of an ordinance regulating such businesses is advisable, necessary and in the best interests of the residents of the Town.

1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

2. Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.

3. An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing "specified sexual activities" or "specified anatomical areas," and still be categorized as adult bookstore, adult novelty shop or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty shop or adult video store, so long as one of its principal business purposes is the offering for sale, rental or viewing, for any form of consideration, the specified materials which depict or describe" specified anatomical areas" or "specified sexual activities."

1. Persons who appear nude or in a state of nudity or semi-nudity;

2. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities;" or

3. Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

1. Offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including, but not limited to, newspapers, magazines, pamphlets, leaflets, radio or television; and

2. Offers a sleeping room for rent for a period of time less than ten (10) hours or allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten (10) hours.

1. The opening or commencement of any such sexually oriented business as a new business;

2. The conversion of an existing business, regardless of whether it currently exists as a sexually oriented business, to any of the sexually oriented businesses defined in this article;

3. The addition of any of the sexually oriented businesses defined in this article to any other existing sexually oriented business; and

4. The relocation of any such sexually oriented business.

1. The average person finds, when applying contemporary community standards and when considered as a whole, appeals to the prurient interest; and

2. Depicts or describes patently offensive representations simulated; ultimate sexual acts, normal, perverted, or actual; or masturbation, excretory functions, or the exhibition of the genitals or genital area.

1. Film or plate negative or positive; or

2. Film designed to be projected on a screen for exhibition;

3. Films, glass slides or transparencies, either in negative or positive form, designed for exhibition by projection on a screen; or

4. Video tape or any other medium used to electronically reproduce images on a screen.

1. The appearance of bare human buttocks, anus, male or female genitals, or the areola or nipple of the female breast; or

2. A state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.

1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola; or

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

1. The fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breasts;

2. Sexual acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

3. Masturbation, actual or simulated;

4. Human genitals in a state of sexual stimulation, arousal or tumescence; or

5. Excretory functions as part of, or in connection with, any of the activities set forth in subsections (1) through (4) of this definition.

1. The sale, lease or sublease of the business;

2. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or

3. The establishment of a trust, gift or other similar legal devise, which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.

(1) Minimum lot area and width. A lot area of not less than thirty two thousand (32,000) square feet and a lot width of not less than ninety (90) feet at the building line shall be provided for every building or other structure erected or used for any use permitted in this district. In the case of a development plan, the heights of buildings and other structures erected or enlarged in this zoning district and area, width, yard and building coverage requirements therefore shall be as specified on or in connection with the aforesaid development plan.

(2) Front yard. There shall be a front yard as follows:

(3) Side yards. There shall be a side yard as follows:

(4) Rear yard. There shall be a rear yard on each lot, the depth of which shall be not less than forty-five (45) feet from the rear lot line, which shall be landscaped in accordance with the provisions in article XII.

(5) Building coverage. No more than fifty (50) percent of any lot may be covered by buildings.

(1) Advertise the presentation of any activity prohibited by any applicable state statute or local ordinance;

(2) Display or otherwise exhibit the materials and/or performances at such sexually oriented business in any advertising or any portion of the interior premises which is visible from outside the premises. This prohibition shall not extend to advertising the existence or location of such sexually oriented business;

(3) Allow the exterior portion of the sexually oriented business to have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner, except to the extent permitted by the provisions of this article;

(4) Erect, construct, or maintain any sign for the sexually oriented business other than as permitted by this zoning chapter and signage shall not contain photographs, silhouettes, drawings or pictorial representations, in any manner, and may contain only the legal name of the sexually oriented business; and each letter forming a word on a primary sign shall be of solid color, and each such letter shall be the same print-type, size, and color. The background behind such lettering on the display surface of a primary sign shall be of a uniform and solid color; and

(5) Allow the exterior portions of the establishment to be painted any color other than a single achromatic color. This provision shall not apply to a sexually oriented business if the following conditions are met:

(1) No person shall conduct, maintain, operate, or cause to be conducted, maintained, or operated, any sexually oriented business within the corporate limits of the Town without first being licensed under this article.

(2) The Town department of planning and zoning, or its designee, is responsible for granting, denying, revoking, renewing, suspending, and canceling sexually oriented business permits for proposed or existing sexually oriented businesses. The Town department of planning and zoning, or its designee, is also responsible for ascertaining whether a proposed sexually oriented business for which a permit is being requested complies with all applicable zoning laws and regulations now in effect or as amended or enacted subsequent to the effective date of the ordinance from which this chapter derives in the Town and the Town's comprehensive plan.

(3) The Town Code Enforcement officer shall be responsible for inspecting a proposed, permitted or non-permitted sexually oriented business in order to ascertain whether it is in compliance with applicable statutes and ordinances.

(4) An application for a permit must be made on a form provided by the Town department of planning and zoning. Any person desiring to operate a sexually oriented business shall file with the Town an original and two (2) copies of a sworn permit application.

(5) The completed application shall contain the following information, including the following documents:

(6) Applicants for a permit under this section shall have a continuing duty to promptly supplement application information required by this section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty (30) days from the date of such change shall be a valid and lawful basis for suspension of a permit.

(7) In the event that the Town department of planning and zoning, or its designee, determines or learns at any time that the applicant has improperly completed the application for a proposed sexually oriented business, it shall promptly notify the applicant of such fact and allow the applicant ten (10) days within which to properly complete the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.

(8) An applicant must be qualified according to the provisions of this article, and the premises must be inspected and found to be in compliance with all applicable health, fire and building codes and laws, and any other applicable federal or state laws.

(9) An applicant shall be required to pay a nonrefundable application fee of two hundred fifty dollars ($250.00) at the time of the filing of an application under this section of this article, as amended from time to time.

(10) Prior to obtaining any permit or license to operate any sexually oriented business and as part of any application for a permit under this section, an applicant shall obtain from the Town department of planning and zoning, or its designee, a certification that the proposed location of such business complies with this zoning chapter.

(11) The fact that a person possesses other types of state or town permits and/or licenses shall not exempt him/her from the requirement of obtaining a sexually oriented business permit under this section of this article.

(12) By applying for a permit under this article, an applicant shall be deemed to have consented to the provisions of this article and to the exercise by the Town department of planning and zoning, or its designee, and all other town agencies charged with enforcing the laws, ordinances and codes applicable in the Town, of their respective responsibilities under this article.

(13) An applicant shall be required to provide the Town with the names of any and all employees who are required to be licensed herein. This obligation shall be a continuing obligation of an applicant even after a permit is granted or renewed.

(1) Upon receipt of an application properly filed with the Town, and upon payment of the nonrefundable application fee, the Town's zoning administrator shall immediately stamp the application as received and shall immediately thereafter transmit photocopies of the application to all town agencies responsible for enforcement of health, fire and building codes and state and federal laws. Each department or agency shall promptly conduct an investigation of the applicant, application and the proposed sexually oriented business in accordance with its responsibilities under applicable law and as set forth in this chapter. Said investigation shall be completed within twenty (20) days of receipt of the application by the Town's zoning administrator. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it and, in the event the department or agency recommends disapproval of the application, the reasons therefore.

(2) A department or agency shall recommend disapproval of an application if it finds that the proposed sexually oriented business will be in violation of any provision of any applicable statute, code, ordinance, regulation or other law in effect in the Town. After indicating its recommendation of approval or disapproval of an application, each department or agency shall immediately return the photocopy of the application to the Town's zoning administrator, who shall forward the application and any accompanying materials to the Town department of planning and zoning for consideration.

(1) The Town department of planning and zoning, or its designee, shall grant or deny an application for a permit within thirty (30) days from the date of its proper filing. Upon the expiration of said thirty (30) days, and unless an applicant requests and is granted a reasonable extension of time, an applicant shall be permitted to begin operating the business for which the permit is sought, unless and until the Town department of planning and zoning, or its designee, notifies the applicant of the denial of the application and states the reasons(s) for that denial.

(2) Grant of application for permit.

(3) Denial of application for permit.

(1) An applicant or permittee shall permit duly designated representatives of the Town and the county to enter and inspect the premises of a sexually oriented business for the purpose of insuring compliance with any and all applicable laws, statutes, codes, ordinances, and the like, at any time it is occupied or open for business.

(2) A person who refuses to permit such inspection of the premises at any time that it is occupied or open for business, as described in subsection (1) above, shall be in violation of this article.

(1) Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided herein and for applications for permit renewals, filing of the original survey shall be sufficient. An application for renewal shall be made at least thirty (30) days before the permit expiration date and, when made less than thirty (30) days before the permit expiration date, the expiration of the permit will not be affected.

(2) When the Town department of planning and zoning, or its designee, denies renewal of a permit, the applicant shall not be issued a permit under this chapter for a period of one year from the date of denial. If, subsequent to denial, the Town department of planning and zoning, or its designee, determines that the basis for denial of the renewal of the permit has been corrected, the applicant shall be granted a permit if at least ninety (90) days have elapsed since the date denial became final.

(1) The Town department of planning and zoning, or its designee, shall suspend a permit for a period not to exceed thirty (30) days if it determines that a permittee, or an employee of a permittee, has:

(2) The suspension of the permit shall remain in effect until the violation of the applicable statute, code, ordinance or regulation has been corrected.

(1) The Town department of planning and zoning, or its designee, shall revoke a permit if a cause of suspension listed in section 24-244(d) occurs and the permit has been suspended within the preceding twelve (12) months.

(2) The Town department of planning and zoning, or its designee, shall revoke a permit upon determining that:

(3) When the Town department of planning and zoning, or its designee, revokes a permit, the revocation shall continue for one year and the permittee shall not be issued a sexually oriented business permit for a period of one year from the date the revocation became effective. If, subsequent to revocation, the Town department of planning and zoning, or its designee, finds that the basis for revocation has been corrected, the applicant shall be granted a permit if at least ninety (90) days have elapsed since the date revocation became effective. If the permit was revoked, an applicant may not be granted another permit until one year has elapsed.

(1) A permittee shall not operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application for permit.

(2) A permittee shall not transfer his/her permit to another person.

(3) A permittee shall not transfer his/her permit to another location.

(4) Any attempt to transfer a permit, either directly or indirectly, in violation of this section is hereby declared void and the permit shall be deemed revoked upon transfer.

(1) The applicant's name and any other names (including stage names or aliases) used by the individual;

(2) Age, and date and place of birth;

(3) Height, weight, hair and eye color;

(4) Present business address and telephone number; and

(5) Acceptable written proof that the individual is at least eighteen (18) years of age.

(1) The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a license, or in any report or record required to be filed with the Town of Schererville Department of Planning and Zoning or any other department of the Town;

(2) The applicant is under eighteen (18) years of age;

(3) The sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by particular provisions of this article.

(1) A license granted pursuant to this section shall be subject to annual renewal by the Town department of planning and zoning, or its designee, upon the written application of the applicant and a finding by the Town department of planning and zoning, or its designee, that the applicant has not committed any act during the existence of the previous license period which would be grounds to deny the initial permit application.

(2) The renewal fee for the license shall be the same as the initial application fee.

(1) No sexually oriented business shall be considered to be in compliance with this section until the Town has inspected and approved the premises of the sexually oriented business. The Town shall have ten (10) days from the date it receives written notice form the operator that the premises are ready for inspection to determine if the premises are in compliance with this section. Failure by the Town to determine compliance within ten (10) days of the date it receives notice shall constitute a finding of compliance under this section.

(2) An operator of a sexually oriented business that has been providing live entertainment under a valid sexually oriented business permit shall have the time periods listed below within which to bring the premises into compliance with this section. Failure to do so while continuing to provide live entertainment shall cause the sexually oriented business's permit to be suspended. The permit shall remain suspended until the premises are approved by the Town as being in full compliance with this section.

(3) An operator of a sexually oriented business that has been operating under a valid permit for another classification of sexually oriented business, and who seeks to provide live entertainment at that sexually oriented business, shall apply for and receive a sexually oriented business permit for the operation of a sexually oriented business providing live entertainment before any live entertainment is provided at that sexually oriented business. No live entertainment permit shall be issued until the sexually oriented business is approved as being in full compliance with this section and all other applicable requirements of this article.

(4) An applicant for a permit to operate a new sexually oriented business who seeks to provide live entertainment shall apply for and receive a sexually oriented business permit for the operation of a sexually oriented business providing live entertainment before any live entertainment is provided. No live entertainment permit shall be issued until the sexually oriented business is approved as being in full compliance with this section and all other applicable requirements of this article.

(1) Upon application for a sexually oriented business permit, an application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, the location of all overhead lighting fixtures and designating any portion of the premises wherein patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area with no dimension greater than eight (8) feet. The diagram shall also designate the place where 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 with marked dimensions sufficient to show the various internal dimension of all areas of the interior of the premises to an accuracy of plus or minus six (6) inches. The Town's zoning administrator, or his/her designee, may waive the filing of 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.

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

(3) No alteration in the configuration or location of a manager's station may be made without the prior approval of the Town department of planning and zoning, or its designee.

(4) It is the duty of the owner(s) and operator of the premises to insure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the premises.

(5) 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 patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises have 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 patron 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.

(6) It shall be the duty of the owner(s) and operator of the premises, and it shall also be the duty of any agents and employees present on the premises, to insure that the view area specified in subsection (5) above remains unobstructed by any doors, walls, merchandise, display racks or other materials or persons at all times, and to insure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (1) above.

(7) No viewing room may be occupied by more than one person at any one time. No holes, commonly known as "glory holes," shall be allowed in the walls or partitions which separate each viewing room from an adjoining viewing room or restroom.

(8) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access and shall provide an illumination of not less than two (2.0) footcandles, as measured at the floor level. It shall be the duty of the owner(s) and operator of the premises, and it shall also be the duty of any agents and employees present on the premises, to insure that the illumination described herein is maintained at all times that any patron is present on the premises.

(1) Dwelling units shall not be permitted.

(2) With the exception of off-street automobile parking and off-street loading, all business, service, storage, merchandise and display shall be conducted wholly within an enclosed building.

(3) Processes and equipment employed and goods sold shall be limited to those which are not objectionable by reason of noise, vibration, or public standards.

(4) Hours of operation. No person shall operate, or cause to be operated, a sexually oriented business, regardless of whether or not a permit has been issued, or allow such business to remain open for business or permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 10:00 p.m. and 10:00 a.m. of any particular day. No person, while working as an employee of a sexually oriented business, regardless of whether or not a permit has been issued for said business under this division 4, shall engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of 10:00 p.m. and 10:00 a.m. of any particular day.

(5) No person shall allow public nudity in any sexually oriented business. Any sexually oriented business which is found in violation of this section shall have its permit suspended pursuant to the provisions herein.

(6) It is unlawful for anyone to distribute for commercial purposes, sell or offer for sale, any device, instrument or paraphernalia designed or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others. Such devices, instruments or paraphernalia shall include, but are not limited to, phallic shaped vibrators, dildos, muzzles, whips, chains, bather restraints, racks, nonmedical enema kits, body piercing implements (excluding earrings or other decorative jewelry) or other tools of sadomasochistic abuse.

(7) It shall be unlawful for a person who operates, or causes to be operated, a sexually oriented business, regardless of whether or not a permit has been issued for said business under this article, to knowingly or, with reasonable cause, permit, suffer or allow admittance of a person under eighteen (18) years of age to the business premises; or allow a person who is under eighteen (18) years of age to work at the business premises as an employee. It shall be the duty of the operator of each sexually oriented business to ensure that an attendant is stationed at each public entrance at all times during such sexually oriented business's regular business hours. It shall be the duty of the attendant to prohibit any person under the age of eighteen (18) years from entering the establishment. It shall be presumed that an attendant knew a person was under the age of eighteen (18) unless the attendant asked for and was furnished:

(1) By a college, junior college or university supported entirely or partly by taxation;

(2) By a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or

(3) In a structure: