Notwithstanding any other provision of the zoning code, no sexually oriented business, as defined in the Local Government Code, shall be established or maintained within one thousand, five hundred (1,500) feet of any school, regular place of religious worship or residence. Measurements shall be made in a straight line from the nearest boundary of the property used for a school, regular place of religious worship or residence to the nearest part of the building in which such sexually oriented business is conducted.

(Ord. No. 269, 3-14-1994; Ord. No. 2023-002(O), § I, 3-6-2023)

(a)

If a commercial enterprise believes the "entire commercial enterprise" model is not appropriate to utilize for a specific business location, it may request the city to consider only the aspects of the operation at a specific location within the city in determining whether the commercial enterprise qualifies as a sexually oriented business.

(b)

Notwithstanding the other provisions of the definition of sexually oriented business, a commercial enterprise may provide certified and sworn proof and information to the City Manager or his/her designee that:

(1)

The revenue generated from the total sales, rentals, exhibitions and services at a such specific location equals or is less than one quarter of the total revenue generated at such specific location, and

(2)

That it is not equitable to consider the entire commercial enterprise model as a factor in determining whether a specific location qualifies as a sexually oriented business and the reasons why it would not be equitable to the enterprise and the city,

(3)

That the revenue generated from adult merchandise and services at the specific location will not create harmful secondary effects to the surrounding property owners or community, and

(4)

That the operation of the commercial enterprise at the specific location has or will have appropriate conditions in place to prevent harmful secondary negative effects on the surrounding property owners and community.

(c)

Upon receipt and consideration of such proof and information, the City Manager or his designee may determine, based on the totality of the circumstances applicable at the time, whether the proof submitted sufficiently establishes the commercial enterprise at a specific location is not a sexually oriented business or should not be treated as a sexually oriented business. The City Manager or his designee shall make such determination, in writing, within fifteen (15) business days after receipt of the request.

(d)

If the commercial enterprise believes the City Manager's determination under this section is legally or factually incorrect, the commercial enterprise may appeal the City Manager's decision to the City Council. Such appeal must be in writing and filed with the City Secretary within ten (10) business days of the City Manager's written determination. The City Council shall consider the appeal at a public hearing. The public hearing must occur as soon as practical, but no later than forty-five (45) calendar days from the date of receipt of the written appeal. The decision of the City Council shall be final.

(Ord. No. 2023-002(O), § I, 3-6-2023)