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 on the operation of the same without imposing a limitation or restriction on the contents of any communicative materials, including sexually oriented materials.
(Ordinance adopting 1993 Code; 1993 Code, sec. 4.301)
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” as defined herein.
Adult bookstore or adult video store.
A commercial establishment which as one (1) of its principal business purposes offers for sale or rental for any form of consideration any one (1) or more of the following:
(1) 
Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, 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 motel.
A hotel, motel or similar commercial establishment which:
(1) 
Offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, 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 ten (10) 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 ten (10) 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.”
City manager.
The city manager or his/her designated agent.
Escort agency.
A person or business association who furnishes, offers to furnish, or advertises to furnish escorts, as one of its primary business purposes, for a fee, tip, or other consideration.
Establishment.
Any of the following:
(1) 
The opening or commencement of any sexually oriented business as a new business;
(2) 
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3) 
The addition of any sexually oriented business to any other existing sexually oriented business; or
(4) 
The relocation of any sexually oriented business.
Licensee.
A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license.
Massage establishment.
Any building, room, place, or establishment, other than a regularly licensed hospital, where manipulated massage or manipulated exercises are practiced upon the human body by anyone not a duly licensed physician, osteopath, chiropractor or a registered nurse or a doctor, whether with or without the use of mechanical, therapeutic or bathing devices, and shall include Turkish bathhouses. This term shall not include, however, duly licensed beauty parlors or barbershops or a place wherein registered physical therapists treat only patients recommended by a licensed physician and operate only under such physician’s direction.
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.
(1) 
The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast; or
(2) 
A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast.
Operates or causes to be operated.
To cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.
Person.
An individual, proprietorship, partnership, corporation, association, or other legal entity.
Residential district.
A single-family, duplex, townhouse, multiple-family, or mobile home zoning district as defined in the city zoning ordinance.
Residential use.
A single-family, duplex, multiple-family, or “mobile home park, mobile home subdivision” as defined in the city zoning ordinance.
Semi-nude.
A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
Sexual encounter center.
A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(1) 
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) 
Sexual activities between male and female persons and/or persons of the same sex when one (1) or more of the persons is in a state of nudity or semi-nudity.
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.
Less than completely covered human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola.
Specified sexual activities.
Any of the following:
(1) 
The fondling or other erotic touching of human genitals, pubic regions, 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.
(4) 
Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) above.
Transfer of ownership or control.
Includes any of the following:
(1) 
The sale, lease, or sublease of the business;
(2) 
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(3) 
The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ordinance adopting 1993 Code; 1993 Code, sec. 4.302)
Sexually oriented businesses are classified as follows:
(1) 
Adult arcades;
(2) 
Adult bookstores or adult video stores;
(3) 
Adult cabarets;
(4) 
Adult motels;
(5) 
Adult motion picture theaters;
(6) 
Adult theaters;
(7) 
Escort agencies;
(8) 
Massage establishments;
(9) 
Nude model studios;
(10) 
Sexual encounter centers.
(Ordinance adopting 1993 Code; 1993 Code, sec. 4.303)
(a) 
A person commits an offense if he/she operates or causes to be operated a sexually oriented business within one thousand feet (1,000') of:
(1) 
A church;
(2) 
A public or private elementary or secondary school;
(3) 
A boundary of a residential district as defined in this article;
(4) 
A public park adjacent to a residential district as defined in this article; or
(5) 
The property line of a lot devoted to a residential use as defined in this article.
(b) 
A person commits an offense if he/she causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within one thousand feet (1,000') of another sexually oriented business.
(c) 
A person commits an offense if he/she causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof.
(d) 
For the purposes of subsection (a), 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 subsection (b) 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) 
A sexually oriented business lawfully operating in conformance with this article is not rendered nonconforming 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 feet (1,000') 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.
(Ordinance adopting 1993 Code; 1993 Code, sec. 4.304)
(a) 
Except as provided by subsection (b) below, any person violating section 4.09.004, upon conviction, is punishable by a fine as provided for in the general penalty provision found in section 1.01.009 of this code.
(b) 
If the sexually oriented business involved is a nude model studio, then violation of section 4.09.004 is punishable as a class A misdemeanor.
(c) 
Except as provided by subsection (b) above, a violation of any provision of this article other than section 4.09.004, upon conviction, is punishable by a fine in accordance with the general penalty provided in section 1.01.009 of this code.
(d) 
It is a defense to prosecution under section 4.09.004 or section 4.09.061(d) 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 nude model is on the premises at any one time.
(e) 
It is a defense to prosecution under section 4.09.004 or section 4.09.031(a) that each item of descriptive, printed, or film or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political, or scientific value.
(Ordinance adopting 1993 Code; 1993 Code, sec. 4.319; Ordinance adopting 2017 Code)
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of section 4.09.031 herein is subject to a suit for injunction as well as prosecution for criminal violations.
(Ordinance adopting 1993 Code; 1993 Code, sec. 4.320)