(a) 
A person commits an offense if he operates or causes to be operated a sexually oriented business within one thousand feet (1,000') of:
(1) 
The property line of any property zoned other than TC;
(2) 
A church;
(3) 
A school or child care facility;
(4) 
A boundary of a district zoned for residential use;
(5) 
A public park;
(6) 
The property line of a lot devoted to a residential use; or
(7) 
Any building or structure in which alcoholic beverages are offered for sale.
(b) 
A person commits an offense if he causes or permits the operation, establishment, or transfer of ownership or control of a sexually oriented business within one thousand feet (1,000') 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 the building, structure or portion thereof containing another sexually oriented business.
(d) 
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 part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, school or child care facility, or residential lot, or to the nearest boundary of an affected public park, residential district or district other than that zoned other than TC.
(e) 
For purposes 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) 
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 license, of a church, school or child care facility, or residential lot, or to the nearest boundary of an affected public park, residential district or district other than that zoned other than TC, within one thousand feet (1,000') 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a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked.
Editor’s note–Ordinance 14-010 amended section 4.03.081(a)(1) to change the reference of “TC/S or TC/N” district to “TC” district. Since subsections (d) and (f) also contained similar references, these subsections were corrected by the editor in order to fulfill the intent of the ordinance.
(2001 Code, sec. 6.612; Ordinance 14-010 adopted 10/27/14)
(a) 
If the building official denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of this article, then the applicant may, not later than ten (10) calendar days after receiving notice of the denial, file with the town secretary a written request for an exemption from the location restrictions of this article.
(b) 
If the written request is filed with the town secretary within the ten-day limit, the town council shall consider the request. The town secretary shall set a date for the hearing within sixty (60) days from the date the written request is received.
(c) 
A hearing may proceed if a quorum is present. The council shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.
(d) 
The council may, in its discretion, grant an exemption from the location restrictions 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 and 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 council 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 council is final.
(f) 
If the council grants the exemption, it is valid for one year from the date of the action. Upon the expiration of an exemption, the sexually oriented business is in violation of the location restrictions of this article until the applicant applies for and receives another exemption.
(g) 
If the council denies the exemption, the applicant may not reapply for an exemption until at least twelve (12) months have elapsed after the date of the action.
(h) 
The grant of an exemption does not exempt the applicant from any other provisions of this article other than the location restrictions of this article.
(2001 Code, sec. 6.614)
(a) 
The following development standards shall apply to all sexually oriented businesses:
(1) 
No adult business shall be located in any temporary or portable structure.
(2) 
Trash dumpsters shall be enclosed by a screening enclosure so as not to be accessible to the public.
(3) 
No parking outside of designated parking spaces within the boundaries of the premises shall be allowed.
(4) 
The entire exterior grounds, including the parking lot and landscaped areas, shall be lighted in such a manner that all areas are clearly visible at all times.
(5) 
All signage shall conform to the town’s sign regulations, and shall not contain sexually oriented photographs, silhouettes, or other pictorial representations of specified sexual activities.
(6) 
All entrances to an adult business shall be clearly and legibly posted by a notice indicating that minors are prohibited from entering the premises.
(7) 
No residential structure or any other nonconforming structure shall be converted for use as a sexually oriented business.
(8) 
No residence, apartment, living quarters or mobile home shall be located on the premises of a sexually oriented business.
(b) 
The following performance standards shall apply to all sexually oriented businesses:
(1) 
The sexually oriented business shall not conduct or sponsor any special events, promotions, festivals, concerts, or similar activities which would create a demand for parking spaces beyond the number of spaces required for the business.
(2) 
The traffic generated by the sexually oriented business shall not overload the capacity of the surrounding street system and shall not create a hazard to public safety, as determined by the town public works department.
(3) 
No sexually oriented business shall be operated in any manner that permits the observation of any persons or material depicting, describing or related to specified sexual activities or specified anatomical areas, inside the premises, from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening.
(4) 
No loudspeakers or sound equipment shall be used by a sexually oriented business for the amplification of sound to a level audible beyond the building setbacks for the premises on which the sexually oriented business is located.
(5) 
All exterior areas of the sexually oriented business, including buildings, landscaping, and parking areas, shall be kept free of trash and debris and maintained in a clean and orderly manner at all times.
(6) 
Hours of operation shall be from 10:00 a.m. to 12:01 a.m.
(2001 Code, sec. 6.613)
(a) 
An escort agency shall not employ any person under the age of eighteen (18) years.
(b) 
A person commits an offense if he acts as an escort or agrees to act as an escort for any person under the age of eighteen (18) years.
(2001 Code, sec. 6.615)
(a) 
A nude model studio shall not employ any person under the age of eighteen (18) years.
(b) 
A person under the age of eighteen (18) years commits an offense if he appears in a state of nudity in or on the premises of a nude modeling studio. It is a defense to prosecution under this subsection if the person under eighteen (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 modeling studio premises that can be viewed from the public right-of-way.
(d) 
A nude modeling 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.
(2001 Code, sec. 6.616)
(a) 
A person commits an offense if he knowingly allows a person under the age of eighteen (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 eighteen (18) years was in a restroom not open to public view or persons of the opposite sex.
(2001 Code, sec. 6.617)
(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 ten (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 the sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented business license, he rents or subrents a sleeping room to a person and, within ten (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.
(2001 Code, sec. 6.618)
(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 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 thirty-two (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 building official 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 building official.
(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 the 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) of this section 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 (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) 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) though (8) commits an offense if he knowingly fails to fulfill that duty.
(2001 Code, sec. 6.619)
(a) 
A person commits an offense if, in a business establishment open to persons under the age of seventeen (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, buttock, or that portion of the female breast below the top of the areola;
(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 any 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.
(2001 Code, sec. 6.620)