(a)

Adult arcade means any commercial establishment in which the public is permitted or invited where, for any form of consideration, one or more motion picture projectors, slide projectors, image or virtual reality producing machines or similar machines, for viewing by five or fewer persons per machine at any one time, are used regularly to show films, motion pictures, videocassettes, slides, digital images, electronic reproductions or photographs describing, simulating or depicting specified sexual activities or specified anatomical areas.

(b)

Adult cabaret means a nightclub, bar, restaurant or similar commercial establishment, which, for any form of consideration, features, live performances which are characterized by the exposure of specified anatomical areas or by the exhibition of specified sexual activities.

(c)

Adult entertainment establishment means an adult arcade, adult store, adult cabaret, adult motion picture theater or adult theater, except an establishment where a medical practitioner, psychologist, psychiatrist or similar professional licensed by the State of Colorado engages in approved and recognized sexual therapy.

(d)

Adult motion picture theater means a commercial establishment which is characterized by the showing, for any form of consideration, of films, motion pictures, videocassettes, slides, digital images or other visual representations that have an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

(e)

Adult sexual encounter establishment means a business or commercial establishment other than an adult cabaret which, as one if its primary business purposes, offers, for any form of consideration, a place where two or more persons may congregate, associate or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas, when one or more of the persons exposes any specified anatomical area.

(f)

Adult store means any commercial establishment which, as one of its principal business purposes, offers for sale or rent for any form of consideration one or more of the following:

(1)

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, slides, compact discs, digital images or other visual representations which are characterized by their emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

(2)

Instruments, devices or paraphernalia designed for use in connection with specified sexual activities.

(g)

Adult theater means a theater, auditorium or similar commercial establishment, which, for any form of consideration, regularly features live performances, which are characterized by an emphasis on exposure of specified anatomical areas or specified sexual activities.

(h)

Child care facility means any facility, by whatever name known, licensed by the State of Colorado and maintained for compensation, for the whole or any part of a day, for the care of five or more children under the age of 16 years who are not related to the owner, operator or manager thereof.

(i)

Church means a location where organized religious services and associated activities such as religious classes, child care and committee and office work are regularly conducted.

(j)

Community center means a building or other structure which is city owned or used by the city that provides services to the community and is open to the general public.

(k)

Park means a park, reservation, playground or recreation area owned or used by the city.

(l)

Public library means a library operated at a fixed location by a governmental entity open for use by the general public.

(m)

Recreational center means real property (including golf courses), buildings, structures or equipment used in recreational activities, owned or operated by a government agency.

(n)

School means an institution for instruction. Schools are classified by the type of instruction provided and by student grade level.

(1)

College/university. A school providing higher education beyond grade 12, which offers either a two-year or four-year degree in specific disciplines;

(2)

K—12. A school, public or private, which meets state standards for providing instruction for students between five and 21 years of age, including, but not limited to, vocational schools and special education schools.

(o)

Specified anatomical areas means any of the following:

(1)

Human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola, which are not completely and opaquely covered;

(2)

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

(p)

Specified crime means and includes the following crimes committed under the penal or criminal code of any municipality, county, state or country: sex crimes against children; sexual abuse; sexual assault; possession or distribution of child pornography; distribution, sale or use of a controlled substance as defined by law; or prostitution, promotion of prostitution or pandering.

(q)

Specified sexual activity means any of the following:

(1)

Fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breasts;

(2)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation and sodomy;

(3)

Masturbation, actual or simulated;

(4)

Human genitals in a state of sexual stimulation or arousal;

(5)

Human excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (4) hereof.

(Ord. No. 7-2009, § 1, 10-28-2009)

(a)

No adult entertainment establishment shall be located on any site unless such site is within a BUS-1 business district zoning classification and not less than the distance limitations required by this section.

(1)

One thousand feet from the location of any other adult entertainment establishment; and

(2)

One thousand feet from the boundary line of any zone district that allows residential uses as a principal use, as defined in the Sheridan Municipal Code, including but not limited to RES-SF, RES-SFLL, RES-MF, and COM-N districts, or similar residential zone district in any area adjoining the City of Sheridan, or any child care facility, church, community center, park, public library, recreational center or school, whether within or without the City of Sheridan.

(b)

Measurement of distances. All distances provided herein shall be measured as follows:

(1)

With respect to the distance between a location for which a adult entertainment establishment is proposed and a location where such business exists, the distance shall be measured by following a straight line from the nearest point of the property line of the proposed licensed premises to the nearest point of the property line of the existing licensed premises.

(2)

With respect to the distance from the boundary line of a residential district or any child care facility, church, community center, park, public library, recreational center or school, the distance shall be measured by following a straight line from the nearest point of the property line of the proposed licensed premises to the nearest point of the district boundary line.

(c)

An adult entertainment establishment lawfully operating is not rendered a nonconforming use by the subsequent location of a church, school, child care facility, public park, recreational center, community center or residential district within 1,000 feet of the adult entertainment establishment; however, if the adult entertainment establishment ceases operation for a period of 180 days or more regardless of any intent to resume operation, it may not recommence operation in that location.

(Ord. No. 7-2009, § 1, 10-28-2009)