The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult bookstore means an establishment or business, whether retail or wholesale, having, as a substantial or significant portion of its stock in trade, books, magazines and other periodicals, films and viewing materials for sale or viewing on premises, by use of motion picture devices or any coin-operated means, which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment or business containing a segment or section devoted to the sale or display of such material.

Adult entertainment cabaret means a public or private establishment which is licensed to serve food and/or alcoholic beverages, which features topless dancers, strippers, male or female impersonators or similar entertainers.

Adult massage parlor means an establishment or business which provides customers with services which include stroking, kneading, tapping or vibrating the human body by the use of hands or other instrumentalities, with or without the aid of oils or other lubricants, except those establishments staffed by persons professionally licensed such as practicing massage, chiropractic, physical therapy, medicine or barbering.

Adult mini-motion-picture theater means an enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult motion picture theater means an enclosed or unenclosed building or structure or portion of a building or structure used for presenting materials having as a dominant theme material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult use means any establishment or business involved in the dissemination of material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified anatomical areas or specified sexual activities, including but not limited to adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, or any establishment or business which functions as an adult massage parlor, an adult entertainment cabaret, private modeling establishment or steam bath establishment.

Business means any commercial enterprise, association or arrangement for profit.

Dissemination means the transfer of possession, custody, control or ownership of or the exhibition or presentation of any performance to a customer, member of the public or business invitee of any material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas.

Private modeling establishment means any establishment having a fixed place of business which has as its principal use or as an accessory use a service of modeling lingerie or similar clothing to an individual in a private room.

Specified anatomical areas means:

(1)

Less than completely and opaquely covered human genitals, pubic region or female breast below a point immediately above the top of the areola.

(2)

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

Specified sexual activities means:

(1)

Human genitals in a state of sexual stimulation or arousal.

(2)

Acts of human masturbation, sexual intercourse or sodomy.

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

Steam bath establishment means any establishment which provides steam baths, hot tubs (whirlpools), saunas and similar facilities. This definition shall not be construed to include health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms, and which have hot tubs (whirlpools), steam baths and/or saunas that are accessory to the health clubs or those bona fide medical or health service establishments which have as an accessory use steam baths, hot tubs (whirlpools) or saunas for use in medical therapy.

Substantial connection means:

(1)

In a sole proprietorship, an individual who owns, operates, controls or conducts, directly or indirectly, any premises, building or location upon which any adult use takes place.

(2)

In a partnership, limited or general, an individual who shares in any potential profits or losses of the business or who shares in the ownership of any of the assets of the partnership business.

(3)

In a corporation, an individual who is an officer or director or a holder, either directly, indirectly or beneficially, of more than 20 percent of any class of stock.

(4)

Any person who furnishes more than 20 percent of the capital financing or assets of such business, whether in cash, goods or services.

(Code 1989, § 320-51(B); Res. of 9-3-1996; Res. of 6-19-2007)

Cross reference— Definitions generally, § 1-2.

It is recognized that buildings and establishments operated as adult uses have serious objectionable operational characteristics. In order to promote the health, safety and general welfare of the residents of the city, this article is intended to restrict adult uses to nonresidential, nonbusiness and noncommercial areas of the city and otherwise regulate their operation. Moreover, in light of the fact that the operational characteristics of adult uses increase the detrimental impact on a community when such uses are concentrated, this article is intended to promote the health, safety and general welfare of the residents of the city by regulating the concentration of such uses.

(Code 1989, § 320-51(A))

In addition to the other requirements of this chapter and this Code, adult uses shall be permitted subject to the following restrictions:

(1)

No adult use shall be allowed within 500 feet of another existing adult use.

(2)

No adult use shall be located within 500 feet of the boundaries of any zoning district which is zoned for residential use.

(3)

No adult use shall be located within 500 feet of a preexisting school or place of worship.

(4)

No adult use shall be located in any zoning district except those districts zoned for manufacturing use (M-1).

(Code 1989, § 320-51(C))

(a)

Generally. No person shall lease, rent, maintain, operate, use or allow to be operated or used any business or establishment, any part of which contains an adult use, without first complying with the provisions of this section.

(b)

Required information. In addition to any and all other necessary licenses and permits, no form of adult use shall be allowed to operate or be allowed to continue to operate until a certificate of registration is filed with the clerk of the city, containing:

(1)

The address of the premises.

(2)

The name and address of the owner of the premises and the name and address of the beneficial owner if the property is in a land trust.

(3)

The name of the business or the establishment subject to the provisions of this article.

(4)

The names, business and home addresses, and business or home telephone numbers of all owners of the business or establishment subject to the provisions of this article.

(5)

The names, business and home addresses, and business or home telephone numbers of all those persons having a substantial connection with the business or establishment subject to the provisions of this article.

(6)

The date of the initiation of the adult use.

(7)

The exact nature of the adult use.

(8)

If the premises or the building in which the business containing the adult use is located is leased, a copy of the lease.

(c)

Change in information. If there occurs any change in the information required for the certificate of registration, the clerk of the city shall be notified of such change and a new or amended certificate filed within 30 days of such change.

(d)

Fee. A processing fee for each such certificate of registration or amendment thereto, in the amount established in section 30-604, shall be paid to the city.

(e)

Transfer. No certificate of registration issued under the provisions of this section shall be transferable to any person other than the registrant, nor shall a certificate of registration be transferable for use on any premises, building or location other than stated in the certificate of registration.

(f)

Display. The owner, manager or agent of any adult use shall cause a copy of the certificate of registration issued under the provisions of this section to be prominently displayed on the premises, building or location for which it is issued.

(g)

Submitting false information. Any knowingly false statement, or any statement which the registrant or applicant should reasonably have known to be false, which is provided in the certificate of registration or any document or information supplied therewith shall be grounds for rejection, suspension or revocation of the certificate of registration.

(h)

Noncompliance. It is a violation of this article for the owner or person in control of any property to establish or operate thereon or to permit any person to establish or operate an adult use without having in force a certificate of registration complying with this section.

(Code 1989, § 320-51(D))

No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window, screen or other opening.

(Code 1989, § 320-51(E))

In all districts, except as provided in this article, any adult use shall terminate not later than one year after January 6, 1981, and, thereafter, the space or premises or building formerly occupied by such use shall be used only for a conforming use.

(Code 1989, § 320-51(F))