It is unlawful for any person to operate, engage in, conduct or carry on any adult entertainment business as that term is defined in Title 5: Business Licenses and Regulations, Chapter 5.15: Adult Entertainment, Section 5.15.010: Definitions unless the owner of such business first obtains from the director a zone clearance for such business.
A. 
Applications for a zone clearance shall be submitted on a form provided by the director and shall be accompanied by a nonrefundable application fee in an amount established by resolution of the city council pursuant to Title 5: Business Licenses and Regulations, Chapter 5.15: Adult Entertainment, Section 5.15.095: Fees.
B. 
If the director determines that the applicant has completed the application improperly, the director shall promptly notify the applicant of such fact and shall return the application unprocessed. On request of the applicant, the director shall grant the applicant an extension of time 10 days to complete the application properly. The time period for granting or denying the requested zone clearance shall be stayed during the period in which the applicant is granted an extension of time.
(Ord. 1598)
The director of development services shall, within 30 city business days of the filing of a complete application, approve and issue a zone clearance if the provisions of Section 11.4.50.015: Location Criteria have been satisfied; otherwise the zone clearance shall be denied. Notice of the approval or denial of the zone clearance shall be given to the applicant in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service on the date of such decision. If the application is denied, the director shall attach to the notice a statement of the reasons for the denial. The time period set forth in this paragraph shall not be extended except upon the written consent of the applicant.
(Ord. 1598)
A. 
Separation Requirements. An adult entertainment business may be located in the districts specified in this code, provided that the business satisfies all of the following requirements:
1. 
The adult entertainment business is not within 1,000 feet of any other adult entertainment business located within or outside the city.
2. 
The adult entertainment business is not within 400 feet of any residential district boundary located within or outside the city.
3. 
The adult entertainment business is not within 1,000 feet of any public park, educational or religious facility located within or outside the city.
B. 
Measurement of Distances. The distances set forth in subsection A above shall be measured as a straight line, without regard to intervening structures or objects, from the property line of the property containing the adult entertainment business to the property line of the property so used at the time of submission of the permit application; provided, however that the distances between adult entertainment businesses as set forth in paragraph 1 of subsection A, above, shall be measured from the outside wall of the tenant space of each adult entertainment business.
C. 
No adult entertainment business may be located within the city except as provided in this section.
(Ord. 1598)