(a) 
It is unlawful for a person to operate or cause to be operated a sexually oriented business in a district R, district R-1, district R-2, district B or district P, or within one thousand (1,000) feet of another sexually oriented business or within one thousand (1,000) feet of the following public buildings:
(1) 
A church;
(2) 
A licensed day care;
(3) 
A public or private elementary, secondary, or high school;
(4) 
A residential district or lot which is zoned residential;
(5) 
A public park contiguous with or across a street from a residential district;
(6) 
A bar; or
(7) 
A hospital or nursing home;
(b) 
Distance requirements are to be measured in a straight line from the structure housing the sexually oriented business to the boundary line of a residential district, residential use or public park, or to a structure used as a church, a school, a bar, or another sexually oriented business.
(c) 
Any sexually oriented business lawfully operating on June 1, 1998, that is in violation of subsection (a) is a nonconforming use, and is permitted to continue at its present location for a period not to exceed one (1) year after that date, unless sooner terminated or discontinued for a period of thirty (30) days. A nonconforming use may not be enlarged or structurally altered. In the case of two (2) sexually oriented businesses in violation of subsection (a)(7) on June 1, 1998, the one (1) continuously operating at its present location the longer period of time is conforming, and the other one (1) is nonconforming and is permitted to continue only for the period described above.
(d) 
Any lawfully operating sexually oriented business which becomes in violation of subsection (a) because of the establishment of a church, a school, or a bar, or the initiation of a residential use, or the moving of a residential district boundary within the offset distance, is a nonconforming use, and is permitted to continue at its existing location for a period not to exceed one (1) year, unless sooner terminated or discontinued for a period of thirty (30) days. A nonconforming use may not be enlarged or structurally altered.
(1987 Code, sec. 18.5-53; Ordinance adopting Code)
(a) 
It is unlawful for a person, in a business establishment open to persons under the age of seventeen (17) years, to display a book, pamphlet, newspaper, magazine, film or videocassette, the cover of which depicts, in a manner calculated to arouse sexual lust 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 tumescent state, whether covered or uncovered.
(b) 
In this section, the term “display” means to locate an item in 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.
(1987 Code, sec. 18.5-55)
(a) 
It is unlawful for an escort agency to employ any person under the age of eighteen (18) years.
(b) 
It is unlawful for a person to act as an escort for any person under the age of eighteen (18) years.
(1987 Code, sec. 18.5-56)
(a) 
It is unlawful for a nude model studio to employ any person under the age of eighteen (18) years.
(b) 
It is unlawful for a person under the age of eighteen (18) years to appear 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 eighteen (18) years is in a restroom not open to public view or view of persons of the opposite sex.
(c) 
It is unlawful for a person to appear in a state of nudity or knowingly allow another to appear in a state of nudity in an area of a nude model studio premises that 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 the reception room open to the public.
(1987 Code, sec. 18.5-57)
(a) 
It is unlawful for a person to knowingly allow 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) 
It is unlawful for a person under the age of eighteen (18) years to knowingly appear 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 is in a restroom not open to public view or to view of persons of the opposite sex.
(1987 Code, sec. 18.5-58)
(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 ten (10) hours creates a rebuttable presumption that the establishment is an adult motel, as that term is defined in this article.
(b) 
It is unlawful for a person in control of a sleeping room in a hotel, motel or similar commercial establishment that does not have a sexually oriented business license to rent or subrent a sleeping room to another person and, within ten (10) hours from the time the room is rented, to rent or subrent the same sleeping room again. For purposes of this subsection, the term “rent” or “subrent” means the act of permitting a room to be occupied for any form of consideration.
(1987 Code, sec. 18.5-59)
(a) 
Sexual encounter centers shall not contain 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.
(b) 
Sexual encounter centers shall have a manager’s station that affords an unobstructed view of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms.
(1987 Code, sec. 18.5-60)
Adult bookstores shall have a manager’s station that affords an unobstructed view of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms.
(1987 Code, sec. 18.5-61)
(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 or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following:
(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 (1) or more manager’s stations and 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 license 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 (6) inches. The code enforcement officer may waive the 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 any walls or doors or of a manager’s station may be made after a license is granted, without the prior approval of the code enforcement officer.
(4) 
The owner and operator of the premises shall 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 any part of the premises which can be viewed from each manager’s station.
(5) 
The interior of the premises shall be configured in 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 (2) or more manager’s stations designated, the interior of the premises shall be configured in a manner that there is an unobstructed view of each area of the premises accessible for any purpose from at least one of the manager’s stations. The view required in this subsection must be a direct line of sight from the manager’s station.
(6) 
The owner and operator and any agents and employees present in the premises shall ensure that the view area specified in subsection (a)(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 shall 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 in which patrons are permitted access, at an illumination of not less than one (1) footcandle as measured at the floor level.
(8) 
The owner and operator and any agents and employees present in the premises shall ensure that the illumination described in subsection (a)(7) of this section is maintained at all times that any patron is present in the premises.
(b) 
A person having a duty as provided in subsection (a) of this section commits an offense if the person knowingly fails to fulfill that duty.
(1987 Code, sec. 18.5-62)
(a) 
Each sexually oriented business shall have a sign clearly visible from the outside identifying it as a sexually oriented business and notifying people that persons under eighteen (18) are prohibited from entering the building.
(b) 
Each separate room or compartment of a sexually oriented business into which patrons are allowed access will be posted with an AIDS educational message, which will consist of one (1) of the following statements:
(1) 
STOP AIDS. AVOID CONTACT WITH SEXUAL FLUIDS AND DIRTY NEEDLES.
(2) 
AIDS IS TRANSMITTED BY SEX WITHOUT CONDOMS OR BY SHARING NEEDLES.
(3) 
A poster or sign with a similar message as approved in writing by the city health officer.
(4) 
The statements required by subsection (b)(1) or (b)(2) of this section shall be in lettering not less than one and one-half (1-1/2) inches in height; the height of the lettering of the message or statement in a poster or sign approved by the city health officer under subsection (b)(3) shall be within the discretion of the city health officer.
(5) 
All signs shall be in both the English and Spanish languages and shall include a designated AIDS information telephone number.
(c) 
Each adult sexually oriented business shall be required to prominently display and make available to patrons of the sexually oriented business literature concerning sexually transmitted disease and/or AIDS.
(1987 Code, sec. 18.5-63)