It is the purpose of this article to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the continued concentration of sexually oriented businesses within the city. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.
(1987 Code, ch. 4, sec. 8A; 2004 Code, sec. 4.801)
Adult arcade.
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one 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 or adult video store.
A commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following:
(1) 
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, or videocassettes or video reproductions, slides, or other visual representations, which depict or describe “specified sexual activities” or “specified anatomical areas”; or
(2) 
Instruments, devices, or paraphernalia which are designed for use in connection with “specified sexual activities.”
Adult cabaret.
A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) 
Persons who appear in a state of nudity;
(2) 
Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”; or
(3) 
Films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
“Adult cabaret” shall also include an adult dancing establishment as defined, known and connoted by the term in common usage in the area.
Adult motel.
A hotel, motel or similar commercial establishment which:
(1) 
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmission, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;
(2) 
Offers a sleeping room for rent for a period of time that is less than twenty-four (24) hours; or
(3) 
Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than twelve (12) hours.
Adult motion picture theater.
A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
Adult theater.
A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities.”
Chief of police.
The chief of police of the city or his designated agent.
Nude model studio.
Any place where a person who appears in a state of nudity or displays “specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
Nudity or a state of nudity.
The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast.
Person.
An individual, proprietorship, partnership, corporation, association, or other legal entity.
Sexually oriented business.
An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, or nude model studio.
Specified anatomical areas.
Human genitals in a state of sexual arousal.
Specified sexual activities.
Includes 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, or sodomy;
(3) 
Masturbation, actual or simulated; or
(4) 
Excretory functions as part of or in connection with any of the activities set forth in subsection (1) through subsection (3) above.
(1987 Code, ch. 4, sec. 8B; 2004 Code, sec. 4.802)
(a) 
A person commits an offense if he operates or causes to be operated a sexually oriented business within 1000 feet of:
(1) 
A church;
(2) 
A public or private elementary or secondary school;
(3) 
Residentially zoned property;
(4) 
A public park; or
(5) 
A lot devoted to residential use.
(b) 
A person commits an offense if he operates or causes to be operated a sexually oriented business within 1000 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 (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.
(d) 
For the purposes of subsection (a) above, 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 or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district, or residential lot.
(e) 
For purpose of subsection (b) above, the distance between any two (2) 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 prior to the passage of this article that is in violation of subsection (a), (b), or (c) hereof shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed five (5) years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (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 (2) or more sexually oriented businesses are within 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 nonconforming.
(g) 
A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the operation of the sexually oriented business, of a church, public or private elementary or secondary school, public park, residential district, or residential lot within 1,000 feet of the sexually oriented business.
(1987 Code, ch. 4, sec. 8C; 2004 Code, sec. 4.803)
(a) 
Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two (2) or more times in a period of time that is less than twelve (12) 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 on a hotel, motel, or similar commercial establishment, he rents or subrents a sleeping room to a person and, within twelve (12) hours from the time the room is rented, he rents or subrents the same sleeping room again.
(c) 
For purposes of subsection (b) above, the term “rent” or “subrent” means the act of permitting a room to be occupied for any form of consideration.
(1987 Code, ch. 4, sec. 8D; 2004 Code, sec. 4.804)
(a) 
Except as provided by subsection (c) below, any person violating section 4.08.003 hereof, upon conviction, shall be punished by a fine in accordance with the general penalty provision set forth in section 1.01.009 of this code for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(b) 
Except as provided by subsection (c) below, any person violating any provision of this article other than section 4.08.003 hereof shall be punished by a fine in accordance with the general penalty provision set forth in section 1.01.009 of this code for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(c) 
If the sexually oriented business involved is a nude model studio, then a violation of section 4.08.003 shall be punishable as a class B misdemeanor.
(d) 
It is a defense to prosecution under section 4.08.003 hereof 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, or university supported entirely or partly 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;
(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 (1) time.
(e) 
It is a defense to prosecution under section 4.08.003 hereof that each item of descriptive, printed, film, or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political, or scientific value.
(1987 Code, ch. 4, sec. 8E; 2004 Code, sec. 4.805)