A. 
The purpose of this section is to regulate the location of Adult-Oriented Businesses to promote the health, safety, morals, and general welfare of the residents and businesses within the City and to establish reasonable and uniform regulations to prevent the concentration of Adult-Oriented Businesses within the City.
B. 
The regulations of this section are not intended to impose a limitation or restriction on the content of any expression protected as free speech under the First Amendment, including sexually oriented materials or performances;
C. 
These regulations are established pursuant to TLGC Chapter 243.
(Ordinance 475 adopted 6/28/22)
A. 
The following are exempt from regulation under this section and TLGC Section 243.004:
1. 
A Bookstore or Bookshop, movie theater, or video store, unless that business is an adult bookstore, adult movie theater, or adult video store under TLGC Section 243.002;
2. 
A business operated by or employing a licensed psychologist, licensed physical therapist, licensed athletic trainer, licensed cosmetologist, or licensed barber engaged in performing functions authorized under the license held; or
3. 
A business operated by or employing a licensed physician or licensed chiropractor engaged in practicing the healing arts.
B. 
A business is not exempt from regulation under this section because it holds a license or permit under the Alcoholic Beverage Code authorizing the sale or service of alcoholic beverages or because it contains one or more coin-operated machines that are subject to regulation or taxation, or both, under Chapter 8, Title 132, Revised Statutes.
C. 
The regulations adopted under this section do not discriminate against a business on the basis of whether the business holds a license or permit under the Alcoholic Beverage Code or on the basis of whether it contains one or more coin-operated machines that are subject to regulation or taxation, or both, under Chapter 8, Title 132, Revised Statutes.
(Ordinance 475 adopted 6/28/22)
A. 
A person who intends to operate an Adult-Oriented Business in the City shall, not later than the sixtieth (60th) calendar day before the date the person intends to begin operation of the business, prominently post an outdoor sign at the location stating that an Adult-Oriented Business is intended to be located on the premises and providing the name and business address of the owner and operator.
B. 
The sign must be at least twenty-four by thirty-six inches (24" by 36") in size and must be written in lettering at least two inches (2") in size.
C. 
This sign is exempt from the requirements of Article 4.
(Ordinance 475 adopted 6/28/22)
Adult Arcade
A movie arcade, game arcade, or other business that primarily offers still or motion pictures or games that emphasize Specified Sexual Activities or Specified Anatomical Areas.
Adult Bookstore
A business:
A. 
That primarily offers books, magazines, films, either on a digital medium or on videotape, periodicals, or other printed or pictorial materials that emphasize Specified Sexual Activities or Specified Anatomical Areas; and
B. 
In which at least five percent (5%) of the gross floor area is devoted to offering merchandise described in 1. above.
Adult Cabaret
A business that primarily offers live entertainment that emphasizes Specified Sexual Activities or Specified Anatomical Areas.
Adult Lounge
An Adult Cabaret that serves alcoholic beverages.
Adult Novelty Shop
A business that primarily sells products that emphasize Specified Sexual Activities or Specified Anatomical Areas, and in which at least fifty one percent (51%) of the gross floor area is devoted to the sale of those products.
Adult Service Business
A commercial enterprise that is primarily in the business of offering a service characterized by an emphasis on depicting, describing, displaying, or relating to Specified Sexual Activities or Specified Anatomical Areas, such as an adult encounter parlor, adult retreat, or nude modeling studio.
Adult Theater
A business that primarily exhibits motion pictures that emphasize Specified Sexual Activities or Specified Anatomical Areas.
Adult-Oriented Business
An Adult Arcade, Adult Bookstore, Adult Cabaret, Adult Lounge, Adult Novelty Shop, Adult Service Business, or Adult Theater.
Specified Anatomical Areas
A. 
Less than completely and opaquely covered:
1. 
Human genitals or pubic region;
2. 
Buttock;
3. 
Female breast below a point immediately above the top of the areola; or
B. 
Human male genitals in a discernibly erect or turgid state, even if completely and opaquely covered.
Specified Sexual Activities
A. 
Human genitals in a state of sexual stimulation or arousal;
B. 
Acts of human masturbation, sexual intercourse, or sodomy; or
C. 
Erotic touching of human genitals, the pubic region, the buttock, or the female breast.
(Ordinance 475 adopted 6/28/22)
A. 
Adult-Oriented Businesses and Adult Service Businesses are limited to the CR district.
B. 
An Adult-Oriented Business or Adult Service Business may not be located on any lot or property unless it meets the following separation requirements as measured from the midpoint of a line joining the two most distant points on the boundaries or the lot:
1. 
At least one thousand feet (1,000') from another Adult-Oriented Business or Adult Service Business;
2. 
At least one thousand feet (1,000') from a lot on which a Public or Private K-12 School, Place of Worship, Park or Playground, Day Care, Child, or Library is located; or
3. 
Where fifty percent (50%) or more of the lots within one thousand feet (1,000') are zoned R-1, R-2, R-3, R-4 or R-5 or are within a PDD zoned or used for residential purposes.
(Ordinance 475 adopted 6/28/22)