A sexually oriented business will only be permitted in industrial
zoning districts (I1 and I2) and only if greater than one thousand
three hundred twenty (1,320) feet from a school or church location
(or any area that is designated on the future land use map or zoning
map as Public/P1) and greater than seven hundred fifty (750) feet
from the property line of a residentially zoned district.
(Ordinance 100601-1 adopted 6/1/10)
(a)
The
proposed site shall be screened in such a manner that limits pedestrian
and vehicular access to adjacent properties, but which does not restrict
adequate lines of sight or create unsafe conditions. The screening
shall be maintained by the owner of the property. Screening shall
be designed as to not create a visual barrier between property lines.
(b)
A
sexually oriented business licensee or other person may not erect
a fence, wall, or other barrier which prevents any portion of a parking
lot for employees or customers of the business from being visible
from a public right-of-way.
(Ordinance 100601-1 adopted 6/1/10)
(a)
All
off-street parking areas and premises entries of adult businesses
shall be illuminated from dusk to dawn with a lighting system which
provides an average maintained horizontal illumination of two (2)
footcandles of light on all parking surfaces and/or walkways.
(b)
The
premises of all adult businesses, except adult motion picture theaters,
shall be equipped with overhead lighting fixtures of sufficient intensity
to illuminate every place to which patrons are permitted access to
provide an illumination of not less than two (2) footcandles of light
as measured at the floor level.
(c)
Adult
motion picture theaters shall be equipped with overhead lighting fixtures
of sufficient intensity to illuminate every place to which patrons
are permitted access to provide an illumination of not less than two
(2) footcandles of light as measured at the floor level.
(Ordinance 100601-1 adopted 6/1/10)
(a)
It
is unlawful for an owner or operator of a sexually oriented business
to allow the merchandise or activities of the establishment to be
visible from any point outside the establishment.
(b)
It
is unlawful for the owner or operator of a sexually oriented business
to allow the exterior portion of the sexually oriented business to
have flashing lights, or any words, lettering, photographs, silhouettes,
drawings, or pictoral representations of any manner except to the
extent permitted by the provisions of this article.
(c)
It
is unlawful for the owner of a sexually oriented business to allow
the exterior portions of the establishment to be painted any color
other than a single achromatic color. This provision shall not apply
to a sexually oriented business if the establishment is a part of
a commercial multi-unit center and 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.
(Ordinance 100601-1 adopted 6/1/10)
(a)
A
person commits an offense if they employ at an escort agency any person
under the age of eighteen (18) years.
(b)
A
person commits an offense if they act as an escort, or agrees to act
as an escort, for any person under the age of eighteen (18) years.
(Ordinance 100601-1 adopted 6/1/10)
(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 engage
in 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, is at least
six (6) feet from any patron or customer and on a stage at least eighteen
(18) inches from the floor. A licensee or operator commits an offense
if they fail to prominently and continuously display a two-inch wide
glow-in-the-dark line on the floor of the sexually oriented business
marking a distance of six feet from each unenclosed stage on which
an employee in a semi-nude condition may appear.
(c)
It
shall be a misdemeanor for an employee, while semi-nude in a sexually
oriented business, to receive directly any pay or gratuity from any
patron or customer, or for any patron or customer to pay or give any
gratuity directly to any employee, while that employee is semi-nude
in a sexually oriented business.
(d)
It
shall be a misdemeanor for an employee, while semi-nude, to knowingly
and intentionally touch a customer or the clothing of a customer.
(Ordinance 100601-1 adopted 6/1/10)
(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 one hundred fifty (150) square feet of floor space,
a film, videocassette, DVD, 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 designate 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, if granted, will be conspicuously posted. A professionally
prepared diagram in the nature of an engineer’s or architects
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 (6) inches. The
enforcement officer may waive the foregoing diagram for renewal applications
if the application adopts a diagram that was previously submitted
and certifies that the configuration of the premises has not been
altered since it was prepared.
(2)
No alteration in the configuration or location of a manager’s
station may be made without the prior approval of the enforcement
officer.
(3)
The licensee of the premises shall ensure that at least one (1) licensed
employee is on duty and situated in each manager’s station at
all times that any patron is present inside the premises.
(4)
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,
excluding restrooms. Restrooms may not contain video reproduction
or display equipment. If the premises has two (2) 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 from at least
one of the manager’s stations of each area of the premises to
which any patron is permitted access for any purpose, excluding restrooms.
The view required in this subsection must be by direct line of sight
from the manager’s station.
(5)
The licensee of the premises shall ensure that the view area specified in subsection (4) 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 (1) of this section.
(6)
No viewing rooms may be occupied by more than one (1) person at any
time.
(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 five (5) footcandles
as measured at the floor level.
(8)
The licensee shall ensure that the illumination described above is
maintained at all times that any patron is present in the premises.
(9)
No licensee shall allow openings of any kind to exist between viewing
rooms or booths.
(10)
No person shall make or attempt to make an opening of any kind between
viewing booths or rooms.
(11)
The licensee shall, during each business day, regularly inspect the
walls between the viewing booths to determine if any opening or holes
exist.
(12)
The licensee shall cause all floor coverings in viewing booths to
be nonporous, easily cleanable surfaces, with no rugs or carpeting.
The licensee shall, during each business day, regularly clean all
floor coverings.
(13)
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 forty-eight (48) inches
of the floor.
(Ordinance 100601-1 adopted 6/1/10)
A person commits a misdemeanor if they knowingly allow a person
under the age of eighteen (18) years on the premises of a sexually
oriented business.
(Ordinance 100601-1 adopted 6/1/10)
No sexually oriented business, except for an adult motel, may
remain open at any time between the hours of twelve o’clock
(12:00) a.m. and twelve o’clock (12:00) p.m. on weekdays and
Saturdays. No sexually oriented business, except for an adult motel,
may remain open on Sundays.
(Ordinance 100601-1 adopted 6/1/10)
It is a defense to prosecution under section 8.02.076 that a person appearing in a state of nudity did so in a modeling class operated:
(1)
By
a proprietary school, licensed by the state; a college, junior college,
college, or university supported entirely or partially by taxation;
(2)
By
a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation; or
(3)
In
a structure:
(A)
Which has no sign visible from the exterior of the structure and
no other advertising that indicates a nude person is available for
viewing; and
(B)
Where, in order to participate in a class, a student must enroll
at least three (3) days in advance of the class; and
(C)
Where no more than one (1) nude model is on the premises at any one
time.
(Ordinance 100601-1 adopted 6/1/10)
