[R.O. 2012 §405.823; Ord. No. 2493 §§2 — 5, 3-8-1999]
A. 
Purpose. It is the purpose of this Section to regulate sexually oriented businesses and related activities to promote the health, safety and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually orientated business within the City. The provisions of this Section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor the effect of this Section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Section to condone or legitimize the distribution of obscene materials. The general welfare, health, morals and safety of the citizens of this City will be promoted by the enactment of this Chapter.
B. 
Definitions. For the purposes of this Section, the following terms shall be deemed to have the meaning indicated below:
ADULT ARCADE
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical area".
ADULT BOOKSTORE OR ADULT VIDEO STORE
A commercial establishment which, as one (1) of its principal business activities, offers for sale or rental for any form of consideration any one (1) or more of the following: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas. A "principal business activity" exists where the commercial establishment:
1. 
Has a substantial portion of its displayed merchandise which consists of such items; or
2. 
Has a substantial portion of the wholesale value of its displayed merchandise which consists of such items; or
3. 
Has a substantial portion of the retail value of its displayed merchandise which consists of such items; or
4. 
Derives a substantial portion of its revenues from the sale or rental, for any form of consideration, of such items; or
5. 
Maintains a substantial section of its interior business space for the sale or rental of such items; or
6. 
Maintains an adult arcade.
ADULT MOTION PICTURE THEATER
A commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions, which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas are regularly shown to more than five (5) persons for any form of consideration.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial establishment that regularly features persons who appear, in person, in a state of nudity and/or semi-nudity, and/or live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities".
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one (1) of its principal purposes, purports to offer for any form of consideration physical contact in the form of wrestling or tumbling between two or more persons when one or more of the persons is semi-nude.
SEXUALLY ORIENTED BUSINESS
An adult bookstore or adult video store, an adult cabaret, an adult motion picture theater, a semi-nude model studio, or a sexual encounter center.
SPECIFIED ANATOMICAL AREAS
1. 
Less than completely and opaquely covered: human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and
2. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
1. 
The fondling or other erotic touching of human genitals or pubic region, whether covered or uncovered;
2. 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy.
3. 
Masturbation, actual or simulated; or
4. 
Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS
The increase in floor area occupied by the business by more than twenty-five percent (25%) as the floor area exists on the effective date of this Section.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following:
1. 
The sale, lease or sublease of the business;
2. 
The transfer of securities that form 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 device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
C. 
Location Restrictions. Sexually oriented businesses may be located, with a conditional use permit in accordance with Article XVII of the zoning ordinance of the City of Union, in any commercial or industrial districts except for neighborhood business districts and provided that:
1. 
The sexually oriented business may not be operated within:
a. 
Five hundred (500) feet of a church, synagogue or regular place of religious worship;
b. 
Five hundred (500) feet of a public or private elementary or secondary school or any institution of higher learning;
c. 
Five hundred (500) feet of any public or private preschool facility or any property owned by a public or private preschool facility;
d. 
Five hundred (500) feet of a public or private park;
e. 
Five hundred (500) feet of a licensed day care center;
f. 
Five hundred (500) feet of a licensed health care facility;
g. 
Five hundred (500) feet of any public or private library;
h. 
Five hundred (500) feet of any governmental buildings or any government owned property; or
i. 
Five hundred (500) feet of an entertainment business that is oriented primarily towards children or family entertainment.
2. 
For the purpose of this Section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of the entities described in Subsection (C)(1)(a — i), both inclusive, as hereinabove set forth.
D. 
Non-Conforming Uses. All questions concerning whether or not the operation of a sexually oriented business has vested rights as a non-conforming use shall be determined in accordance with the provisions of Article XX of the Zoning Code of the City of Union. The operation of any non-conforming use shall be governed by the provisions of said Article XX.