A.
A sexually oriented business may only be located in the I-1 District as defined and described in Chapter 410, Zoning and Subdivision, of the Seward Municipal Code. A person violates this chapter and is subject to the penalty as provided herein if that person locates or operates or causes to be located or operated a sexually oriented business in any zoning district other than the I-1 District.
B.
A person commits an offense if the person operates or causes to be
operated a sexually oriented business within 400 feet of:
(1)
A church, synagogue, mosque, temple or building which is used
primarily for religious worship and related religious activities;
(2)
A public or private educational facility, including but not
limited to child day-care facilities, nursery schools, preschools,
kindergartens, elementary schools, private schools, intermediate schools,
junior high schools, middle schools, high schools, vocational schools,
secondary schools, continuation schools, special education schools,
colleges and universities. "School" includes the school grounds, but
does not include facilities used primarily for another purpose and
only incidentally as a school;
(4)
A public park or recreational area which has been designated
for park or recreational activities, including but not limited to
a park, playground, nature trails, swimming pool, reservoir, athletic
field, basketball or tennis courts, pedestrian/bicycle paths, wilderness
areas, or other similar public land within the City which is under
the control, operation, or management of the City park and recreation
authorities;
(5)
The property line of a lot devoted to a residential use as defined in Chapter 410, Zoning and Subdivision;
(6)
An entertainment business which is oriented primarily towards
children or family entertainment;
(7)
A facility primarily used for activities for senior citizens,
or for the housing and/or care of senior citizens;
(8)
A youth or adult correctional facility;
(9)
A library;
(10)
A mortuary/funeral home;
(11)
A medical clinic, hospital, nursing home, mental health facility,
mental health agency, developmental disability facility or developmental
disability home;
(12)
A licensed premises, licensed to serve and/or sell alcoholic
beverages by the Nebraska Liquor Control Commission; or
(13)
U.S. Highway 34 or State Highway 15.
C.
A person commits a misdemeanor if that person causes or permits the
operation, establishment, substantial enlargement, or transfer of
ownership or control of a sexually oriented business within 400 feet
of another sexually oriented business.
D.
A person commits a misdemeanor if that person causes or permits the
operation, establishment, or maintenance of more than one sexually
oriented business in the same building, structure, or portion thereof,
or the increase of floor area of any sexually oriented business in
any building, structure, or portion thereof containing another sexually
oriented business without first obtaining a license for such additional
business or floor area.
E.
For the purpose of Subsection B of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a use listed in Subsection B. Presence of a City, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
F.
For purposes of Subsection C of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.
G.
Nonconforming
uses.
(1)
Any sexually oriented business lawfully operating on June 5, 2007, that is in violation of Subsections A through F of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended, or altered, except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 400 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later established business(es) is/are nonconforming.
(2)
A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grantor renewal of the sexually oriented business license, of a use listed in Subsection B of this section within 400 feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or been revoked.
A.
Evidence that a sleeping room in a hotel, motel, or a similar commercial
establishment has been rented and vacated two or more times in a period
of time that is less than 10 hours creates a rebuttable presumption
that the establishment is an adult motel as that term is defined in
this chapter.
B.
A person commits a misdemeanor if, as the person in control of a
sleeping room in a hotel, motel, or similar commercial establishment
that does not have a sexually oriented business license, he rents
or subjects a sleeping room to a person and, within 10 hours from
the time the room is rented, he rents or subrents the same sleeping
room again.
A.
A person who operates or causes to be operated a sexually oriented
business, other than an adult motel or a motel or hotel which features
pay-per-view adult movies, which exhibits on the premises, in a viewing
room of less than 150 square feet of floor space, a film, videocassette,
compact disc, digital video disc, live entertainment, or other video
reproduction which depicts specified sexual activities or specified
anatomical areas, shall comply with the following requirements:
(1)
Upon application for a sexually oriented business license, the
application shall be accompanied by a diagram of the premises showing
a plan thereof specifying the location of one or more manager's
stations and the location of all overhead lighting fixtures and designating
any portion of the premises in which patrons will not be permitted.
A manager's station may not exceed 32 square feet of floor area.
The diagram shall also designate the place at which 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 or with marked dimensions sufficient to show
the various internal dimensions of all areas of the interior of the
premises to an accuracy of plus or minus six inches. The City may
waive 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 City.
(4)
It is the duty of the licensee of the premises to ensure that
at least one licensed employee is on duty and situated in 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 rest rooms. Rest rooms may not contain
video reproduction equipment. If the premises has two 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 licensee to ensure that the view area specified in Subsection A(5) remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure 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 A(1) of this section.
(7)
No viewing room may be occupied by more than one person at any
time.
(8)
The premises shall be equipped with overhead lighting fixtures
of sufficient intensity to illuminate every place to which patrons
are permitted access at an illumination of not less than five footcandles
as measured at the floor level.
(9)
It shall be the duty of the licensee to ensure that the illumination
described above is maintained at all times that any patron is present
in the premises.
(10)
No licensee shall allow openings of any kind to exist between
viewing rooms or booths.
(11)
No person shall make or attempt to make an opening of any kind
between viewing booths or rooms.
(12)
The licensee shall, during each business day, regularly inspect
the walls between the viewing booths to determine if any openings
or holes exist.
(13)
The licensee shall cause all floor coverings in viewing booths
to be nonporous easily cleanable surfaces, with no rugs or carpeting.
(14)
The licensee shall cause all wall surfaces and ceiling surfaces
in viewing booths to be constructed of, or permanently covered by,
nonporous, easily cleanable material. No wood, plywood, composition
board or other porous material shall be used within 48 inches of the
floor.
A.
A nude model studio shall not employ any person under the age of
19 years.
B.
A person under the age of 19 years commits an offense if the person
appears semi-nude or in a state of nudity in or on the premises of
a nude model studio. It is a defense to prosecution under this subsection
if the person under 19 years was in a rest room not open to public
view or visible to any other person.
C.
A person commits an offense if the person appears in a state of nudity,
or knowingly allows another to appear in a state of nudity in an area
of a nude model studio premises which can be viewed from the public
right-of-way.
D.
A nude model studio shall not place or permit a bed, sofa, or mattress
in any room on the premises, except that a sofa may be placed in a
reception room open to the public.
A.
It shall be a misdemeanor for a person to knowingly and intentionally,
in a sexually oriented business, appear in a state of nudity or depict
specified sexual activities.
B.
It shall be a misdemeanor for a person to knowingly or intentionally,
in a sexually oriented business, appear in a semi-nude condition unless
the person is an employee who, while semi-nude, shall be at least
10 feet from any patron or customer and on a stage at least two feet
above the floor.
C.
It shall be a misdemeanor for an employee, while semi-nude in a sexually
oriented business, to solicit any pay or gratuity from any patron
or customer or for any patron or customer to pay or give any gratuity
to any employee, while said employee is semi-nude in a sexually oriented
business.
D.
It shall be a misdemeanor for an employee, while semi-nude, to touch
a customer or the clothing of a customer, and it shall be a misdemeanor
for a customer to touch an employee or the clothing of the employee,
while the employee is semi-nude.
E.
No person may appear in a state of nudity or semi-nudity in any premises
licensed to sell alcoholic beverages by the Nebraska Liquor Control
Commission. It shall be a misdemeanor for any person to appear in
a state of nudity or semi-nudity in a licensed premises, and it shall
be a misdemeanor for any license holder, manager or employer of a
licensed premises to cause, encourage, permit, or allow any person
to appear in such licensed premises in a state of nudity or semi-nudity.
A person commits a misdemeanor if the person knowingly allows
a person under the age of 19 years on the premises of a sexually oriented
business.
No sexually oriented business, except for an adult motel, may
remain open at any time between the hours of 11:00 p.m. and 9:00 a.m.
on weekdays and Saturdays, and 11:00 p.m. and 12:00 noon on Sundays.
