(a) 
A person commits an offense if he operates or causes to be operated a sexually oriented business within 1,000 feet of:
(1) 
A church;
(2) 
A public or private elementary or secondary school;
(3) 
A boundary of a residential or historic district as defined in this article;
(4) 
A public park;
(5) 
The property line of a lot devoted to a residential use as defined in this article; or
(6) 
A hospital.
(b) 
A person commits an offense if he causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 200 feet of another sexually oriented business.
(c) 
A person commits an offense if he 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.
(d) 
For the purposes of subsection (a), 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 a church, public or private elementary or secondary [school], or hospital or to the nearest boundary of an affected public park, residential district, historic district, or residential lot.
(e) 
For the purposes of subsection (b) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(f) 
Any sexually oriented business lawfully operating on December 12, 1994, that is in violation of subsection (a), (b), or (c) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed three years, 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 200 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 nonconforming.
(g) 
A sexually oriented business fully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business permit, of a church, public or private elementary or secondary school, public park, residential district, historic district, residential lot, or hospital within 1,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid permit, and does not apply when an application for a license is submitted after a license has expired or has been revoked.
(Ordinance 105, sec. 94-1212-K, adopted 9/3/96)
(a) 
If the chief of police denies the issuance of a permit to an applicant because the location of the sexually oriented business establishment is in violation of section 4.03.061 of this article, then the applicant may, not later than 10 calendar days after receiving notice of the denial, file with the city secretary a written request for an exemption from the locational restrictions of section 4.03.061.
(b) 
If the written request is filed with the city secretary within the 10-day limit, a permit and permit appeal board selected in accordance by the city council shall consider the request. If a permit and permit appeal board is not appointed, the city council shall serve. The city secretary shall set a date for the hearing within 60 days from the date the written request is received.
(c) 
A hearing by the board may proceed if at least two for [of] the board members are present. The board shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.
(d) 
The permit and permit appeal board may, in its discretion, grant an exemption from the locational restrictions of section 4.03.061 if it makes the following findings:
(1) 
That the location of the proposed sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare;
(2) 
That the granting of the exemption will not violate the spirit and intent of this article;
(3) 
That the location of the proposed sexually oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight;
(4) 
That the location of an additional sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any efforts of urban renewal or restoration; and
(5) 
That all other applicable provisions of this article will be observed.
(e) 
The board shall grant or deny the exemption by a majority vote. Failure to reach a majority vote shall result in denial of the exemption. Disputes of fact shall be decided on the basis of a preponderance of the evidence. The decision of the permit appeal board is final.
(f) 
If the board grants the exemption, the exemption is valid for one year from the date of the board’s action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of section 4.03.061 until the applicant applies for and receives another exemption.
(g) 
If the board denies the exemption, the applicant may not reapply for an exemption until at least 12 months have elapsed since the date of the board’s action.
(h) 
The grant of an exemption does not exempt the applicant from any other provisions of this article other than the locational restrictions of section 4.03.061.
(Ordinance 105, sec. 94-1212-L, adopted 9/3/96; Ordinance adopting Code)
(a) 
A nude model studio shall not employ any person under the age of 18 years.
(b) 
A person under the age of 18 years commits an offense if he appears 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 18 years was in a restroom not open to public view or persons of the opposite sex.
(c) 
A person commits an offense if he 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.
(Ordinance 105, sec. 94-1212-N, adopted 9/3/96)
(a) 
A person commits an offense if he knowingly allows a person under the age of 18 years to appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
(b) 
A person under the age of 18 years commits an offense if he knowingly appears in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
(c) 
It is a defense to prosecution under subsections (a) and (b) of this section if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.
(Ordinance 105, sec. 94-1212-O, adopted 9/3/96)
(a) 
Evidence that a sleeping room in a hotel, motel, or 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 article.
(b) 
A person commits an offense if, as the person in control of a sleeping room in hotel, motel, or similar commercial establishment that does not have a sexually oriented business permit, he rents or subrents 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.
(c) 
For purposes of subsection (b) of this section, the term “rent” or “subrent” means the act of permitting a room to be occupied for any form of consideration.
(Ordinance 105, sec. 94-1212-P, adopted 9/3/96)
(a) 
A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises, in a viewing room of less than 150 square feet of floor space, a film, videocassette, 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 permit, 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 chief of police 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 chief of police or his designee.
(4) 
It is the duty of the owners and operator of the premises to ensure that at least one 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 restrooms. Restrooms may not contain video reproduction equipment. If the premises have 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 owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in subsection (5) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises and 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) 
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 one (1.0) footcandle as measured at the floor level.
(8) 
It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(b) 
A person having a duty under subsections (a)(1) through (8) above commits an offense if he knowingly fails to fulfill that duty.
(Ordinance 105, sec. 94-1212-Q, adopted 9/3/96)
(a) 
A person commits an offense if, in a business establishment open to persons under the age of 17 years, he displays a book, pamphlet, newspaper, magazine, film, or videocassette, the cover of which depicts, in a manner calculated to arouse sexual lust or passion for commercial gain or to exploit sexual lust or perversion for commercial gain, any of the following:
(1) 
Human sexual intercourse, masturbation, or sodomy;
(2) 
Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts;
(3) 
Less than completely and opaquely covered human genitals, buttocks, or that portion of the female breast below the top of the areola; or
(4) 
Human male genitals in a discernibly turgid state, whether covered or uncovered.
(b) 
In this section, “display” means to locate an item in such a manner that, without obtaining assistance from an employee of the business establishment:
(1) 
It is available to the general public for handling and inspection; or
(2) 
The cover or outside packaging on the item is visible to members of the general public.
(Ordinance 105, sec. 94-1212-R, adopted 9/3/96)