As used in this article, the following terms shall have the
meanings indicated:
ADULT BOOKSTORE
An establishment having, as a substantial or significant
portion of its stock-in-trade, books, magazines and other periodicals
which are distinguished or characterized by their emphasis on matter
depicting or relating to specified sexual activity or specific anatomical
areas, as defined below, for observation by patrons therein.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered human genitals, pubic
region, buttock and female breast below a point immediately above
the top of the areola.
B.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A.
Human genitals in a state of sexual stimulation of arousal.
B.
Acts of human masturbation, sexual intercourse or sodomy.
C.
Fondling or other erotic touching of human genitals, pubic region,
buttock or female breast.
It shall be unlawful to hereafter establish any adult bookstore
within 300 feet of any building containing a residential dwelling
or rooming unit or to establish any adult bookstore within 500 feet
of any other adult bookstore.
It shall be unlawful to hereafter establish any adult bookstore
within 500 feet of the real property line of a public, private or
parochial school or within 150 feet of a bus stop for the picking
up and dropping off of school children.
It shall be unlawful to hereafter establish any adult bookstore
within 500 feet of the nearest property line of a public or private
library, park or playground and at least 500 feet from the nearest
property line of any church, convent, monastery, synagogue or other
place of worship.
The distance provided herein above shall be measured by following
a straight line, without regard to intervening buildings, from the
nearest point of the property parcel upon which the adult bookstore
is to be located to the nearest point of the parcel of property or
the land use district boundary line from which the adult bookstore
is to be separated.
Any person who violates any of the provisions of this article
shall be guilty of a violation and subject to a fine not to exceed
$250. Each day during any portion in which any violation of this article
is committed, permitted or continued shall constitute a separate offense.