(a) 
A person commits an offense if he operates or causes to be operated a sexually oriented business within one thousand (1,000) feet of:
(1) 
A church;
(2) 
A public or private elementary or secondary school;
(3) 
A boundary of a residential district;
(4) 
A public park adjacent to a residential district;
(5) 
The property line of a lot devoted to a residential use.
(b) 
A person commits an offense if he causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within one thousand (1,000) 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 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 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 purposes of this section, 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 on the effective date of this article that is in violation of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period of time not to exceed three (3) 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 one thousand (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 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 grant or renewal of the sexually oriented business license, of a church, public or private elementary or secondary school, public park, residential district, or residential lot within one thousand (1,000) feet 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.
(h) 
The measurement referred to above shall be certified by a registered public surveyor licensed by the state, whose fee shall be paid by the applicant or licensee.
(Ordinance adopting Code)
(a) 
If the chief of police denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of section 4.07.061, then the applicant may, not later than ten (10) calendar days after receiving notice of the denial, file with the city secretary a written request for an exemption from the locational restrictions.
(b) 
If the written request is filed with the city secretary within the ten-day limit, the city council may consider the request. The city secretary shall set a date for the hearing within sixty (60) days from the date the written request is received, to coincide with a regular or special meeting of the city council.
(c) 
A hearing by the city council may proceed if a quorum is present. The city council shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.
(d) 
The city council may in its discretion grant an exemption from the locational restrictions of section 4.07.061 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 or welfare;
(2) 
That the granting of the exemption will not violate the spirit and intent of the code of the city;
(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 city council may 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 city council is final.
(f) 
If the city council grants the exemption, the exemption is valid for one (1) year from the date of the city council’s action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of section 4.07.061 until the applicant applies for and receives another exemption.
(g) 
If the city council denies the exemption, the applicant may not reapply for an exemption until at least twelve (12) months have elapsed since the date of the city council’s action.
(h) 
The grant of an exemption does not exempt the applicant from any other provisions of this article other than the locational restrictions of section 4.07.061.
(Ordinance adopting Code)
(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 model studio. It is a defense to prosecution under this section 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 model studio premises which 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 a reception room open to the public.
(Ordinance adopting Code)
(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 eighteen (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 this section if the person under eighteen (18) years was in a restroom not open to public view or persons of the opposite sex.
(Ordinance adopting Code)
(a) 
Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two (2) or more times 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 herein.
(b) 
A person commits an offense if, as the person in control of a 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. For purposes of this section the terms “rent” or “subrent” mean the act of permitting a room to be occupied for any form of consideration.
(Ordinance adopting Code)
(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 (100) square 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 (1) 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 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 chief of police 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 chief of police or his designee.
(4) 
It is the duty of the owners and operators of the premises to ensure that at least one (1) employee is on duty and situated in each 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 (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 of each area of the premises to which any patron is permitted access for any purpose from at least one (1) of the manager’s stations. The view required in this section must be by direct line of sight from the manager’s station.
(6) 
It shall be the duty of the owners and operators, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in the preceding subsection 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 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 operators, 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 person is present in the premises.
(b) 
A person having a duty under this section commits an offense if he knowingly fails to fulfill that duty.
(Ordinance adopting Code)
(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, 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 turgid state, whether covered or uncovered.
(b) 
In this section, “display” means to locate an 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.
(Ordinance adopting Code)