[R.O. 2009 § 456.010; Ord. No. 3001 §  1, 12-23-2008]
As used in this Article, the following terms shall mean:
ADULT ARCADE
Any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE; ADULT NOVELTY STORE; ADULT VIDEO STORE
A commercial establishment that has as a substantial or significant portion of its stock-in-trade and offers for sale, for any form of consideration, any one (1) or more of the following:
1. 
Books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes or disks, slides, or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or
2. 
Instruments, devices, or paraphernalia that are designed or marketed for use in connection with specified sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an Adult Bookstore, Adult Novelty Store, or Adult Video Store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an Adult Bookstore, Adult Novelty Store, or Adult Video Store so long as one (1) of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. It shall be presumed that a commercial establishment falls within this definition when the establishment holds itself out or advertises itself as an Adult Bookstore, Adult Novelty Store, or Adult Video Store or where more than twenty-five percent (25%) of the retail value of merchandise offered for sale consists of the materials described herein or where more than ten percent (10%) of its display space is used for the materials described herein.
ADULT CABARET
A Tavern, Restaurant, or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities or films, motion pictures, video cassettes or disks, slides, or other photographic reproductions in which a substantial or significant portion of the total presentation time is devoted to the showing of material that is characterized by specified sexual activities or specified anatomical areas.
ADULT HOTEL
A Hotel or similar commercial establishment which:
1. 
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes or disks, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or
2. 
Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
3. 
Allows a tenant or occupant of the sleeping room to subrent the room for a period of time that is less than ten (10) hours.
Evidence that a sleeping room in a Hotel or a similar commercial establishment has been rented and vacated two (2) or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the establishment is an Adult Hotel.
ADULT MOTION PICTURE THEATER
An establishment where, for any form of consideration, films, motion pictures, video cassettes or disks, slides, or similar photographic reproductions are shown, and in which a substantial or significant portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATER
A theater, concert hall, auditorium, or similar establishment in which a substantial or significant portion of the presentation time is devoted to the exposure of specified anatomical areas or to specified sexual activities.
ESCORT
A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person or who agrees to privately model lingerie or to privately perform a strip tease for another person.
ESCORT AGENCY
A person or business association who furnishes, offers to furnish, or advertises to furnish Escorts as one (1) of its Principal Use for a fee, tip, or other consideration.
MASSAGE PARLOR
A commercial establishment where, for any form of consideration, massage, alcohol, rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered. This definition does not include any Medical Office or Medical Facility where the treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, Healing Arts Establishment, or similar professional person licensed by the state.
PERSON
An individual, proprietorship, partnership, corporation, association, or other legal entity.
SEXUAL ENCOUNTER ESTABLISHMENT
A commercial establishment other than a Hotel or similar establishment offering public accommodations which, for any form of consideration, provides a place where two (2) or more persons may congregate, associate, or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where Medical Office or Medical Facility provides sexual therapy.
SEXUALLY ORIENTED BUSINESS
An Adult Arcade, Adult Bookstore, Adult Novelty Store, Adult Video Store, Adult Cabaret, Adult Hotel, Adult Motion Picture Theater, Adult Theater, Escort Agency, Massage Parlor, or Sexual Encounter Establishment.
SEXUALLY ORIENTED MERCHANDISE
Instruments, devices, gifts, or paraphernalia that are designed or marketed for use in connection with specified sexual activities or clothing that graphically depicts or exposes specified anatomical areas or books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, videocassettes or disks, slides, or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
SPECIFIED ANATOMICAL AREAS
Any of the following:
1. 
Bare human male or female genitals, buttocks, anus, or pubic area with less than opaque clothing covering;
2. 
The female breast below a horizontal line across the top of the areola, or a simulation thereof, at its highest point with less than fully opaque clothing covering. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by dress, blouse, shirt, leotard, bathing or swimsuit, or other wearing apparel, provided the areola is not exposed in whole or in part; or
3. 
The covered male genitals in a discernibly turgid state.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
1. 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
2. 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
3. 
Excretory functions as part of or in connection with any of the activities set forth in Subsection (1) through (2) above.
SUBSTANTIAL ENLARGEMENT OF SEXUALLY ORIENTED BUSINESS
An increase in Floor Areas occupied by the business by more than twenty-five percent (25%), as the Floor Areas exist on December 16, 2002.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Any of the following:
1. 
The sale, lease, or sublease of the business;
2. 
The transfer of securities which constitute 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 which 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.
ADDITIONAL DEFINITIONS
Where not inconsistent with the language or intent herein, the additional definitions set forth in Section 400.030 are incorporated herein and shall apply.
[R.O. 2009 § 456.020; Ord. No. 3001 §  1, 12-23-2008]
A. 
A person may operate or cause to be operated a Sexually Oriented Business in accordance with the following regulations:
1. 
A Sexually Oriented Business may only be operated in "IP-1," "BP-1," "BP-2," and "HP-1" Districts.
2. 
A Sexually Oriented Business shall not be operated within one thousand (1,000) feet of the following:
a. 
A Church;
b. 
A public library;
c. 
An Educational Facility;
d. 
Day Care Facility;
e. 
Community Center;
f. 
A Residential District;
g. 
A Public Park;
h. 
A Lot Line of a Lot used for Residential Dwelling.
i. 
A business which is oriented primarily towards children or family entertainment; or
j. 
A business with a liquor license pursuant to the alcoholic beverage control regulations of the state. For purposes of this provision, 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 Property where a Sexually Oriented Business is conducted to the nearest Lot Line of the Lot of one (1) of the above-listed uses. Presence of a City or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this provision.
3. 
A Sexually Oriented Business shall not be operated, established, substantially enlarged, or undergo transfer of ownership or control within one thousand (1,000) feet of another Sexually Oriented Businesses. For purposes of this provision, the distance between any two (2) 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 Building (exclusive of overhangs) in which each business is located.
4. 
A person shall not cause or permit the operation, establishment, or maintenance of more than one (1) 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.
5. 
Any Sexually Oriented Business lawfully operating on the effective date of this Article (December 16, 2002) that is in violation of this Article shall be deemed a Non-Conforming Use. Such Non-Conforming Uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a Conforming Use. If two (2) or more Sexually Oriented Businesses are within one thousand (1,000) 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 non-conforming.
[R.O. 2009 § 456.030; Ord. No. 3001 §  1, 12-23-2008]
No Sexually Oriented Business, except for an Adult Hotel, may remain open at any time between the hours of 11:00 P.M. and 9:00 A.M.
[R.O. 2009 § 456.040; Ord. No. 3001 §  1, 12-23-2008]
A. 
Sexually Oriented Merchandise or activities of the Sexually Oriented Business shall not be visible from any point outside such business.
B. 
The exterior portions of a Sexually Oriented Business shall not have flashing light or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent permitted by the provisions of this Article.
C. 
The exterior portions of a Sexually Oriented Business shall be painted a single achromatic color; however, this provision shall not apply to the business if the following conditions are met:
1. 
The business is part of a commercial multi-unit center; and
2. 
The exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the business, are painted the same color as one another or are painted in such a way so as to be a component of the overall architectural style or pattern of the commercial multi-unit center.
D. 
Nothing in this Section shall be construed to require the painting of an otherwise unpainted exterior portion of an enterprise.
[R.O. 2009 § 456.050; Ord. No. 3001 §  1, 12-23-2008]
A. 
Any person operating a Sexually Oriented Business shall comply with the Sign requirements set forth in Article IV of Chapter 430. However, the following requirements apply to Signs for Sexually Oriented Businesses and supersede any conflicting provisions in the Municipal Code:
1. 
Only one (1) on-Premises properly permitted Sign is allowed to advertise the Sexually Oriented Business.
2. 
Signs shall be a flat plane rectangular in shape and have no more than two (2) display surfaces. Each display surface shall not exceed seventy-five (75) square feet in area and shall not exceed ten (10) feet in height or ten (10) feet in length.
3. 
No Sign shall contain photographs, silhouettes, drawings, or pictorial representations of any manner and may only contain the following:
a. 
The name of the business; and/or
b. 
One (1) or more of the following phrases:
(1) 
Adult Arcade.
(2) 
Adult Bookstore.
(3) 
Adult Novelty Store.
(4) 
Adult Video Store.
(5) 
Adult Cabaret.
(6) 
Adult Hotel.
(7) 
Adult Motion Picture Theater.
(8) 
Adult Theater.
(9) 
Escort Agency.
(10) 
Massage Parlor.
(11) 
Adult Encounter Establishment.
c. 
Signs for adult movie theaters may contain the additional phrase "Movie Titles Posted Inside Premises."
4. 
Each letter forming a word on a Sign shall be of a solid color and each such letter shall be the same print-type, size, and color. The background behind such lettering on the display surface of a primary Sign shall be of a uniform and solid color.