[Adopted 11-21-2002 by Ord. No. 2949]
This article shall be known as the "Adult Business
and Adult Entertainment Ordinance" or by any other properly identifying
designation.
As used in this article, the following terms shall have the
meanings indicated:
Includes:
Includes:
An establishment having as more than 10% of its stock-in-trade
books, films, magazines or other periodicals, or CD-ROMs, computer
discs or other electronically reproduced forms which are distinguished
or characterized by an emphasis on depicting or describing sexual
conduct or specific anatomical areas.
A business based upon materials or performances that depict,
describe, or relate to sexual conduct or specific anatomical areas,
as defined in this section, and shall include but not be limited to
the following types of establishments:
ADULT AMUSEMENT OR ENTERTAINMENTAmusement or entertainment which is characterized by an emphasis on acts or material depicting, describing, or relating to sexual conduct or specified anatomical areas, as defined herein, including but not limited to topless or bottomless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment.
ADULT BOOKSTOREAn establishment having more than 10% of its stock-in-trade in books, film, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specific anatomical areas.
ADULT MINI MOTION-PICTURE THEATERAn enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specific anatomical areas.
ADULT MOTELA motel wherein material is presented, as part of the motel services, via closed-circuit television or otherwise, which is distinguished or characterized by an emphasis on depicting or describing sexual conduct or specific anatomical areas.
ADULT MOTION PICTURE ARCADEAny place at which cash, coin, slug-operated, or electronically or mechanically controlled still- or motion-picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specific anatomical areas.
ADULT MOTION-PICTURE THEATERAn enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specific anatomical areas.
MASSAGE PARLORAny place where for any form of consideration or gratuity massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation or the human body occurs as part of or in connection with sexual conduct or where any person providing such treatment, manipulation, or service related thereto exposes specific anatomical areas.
SEXUAL ENCOUNTER CENTERAny building or structure which contains or is used for commercial entertainment where the patron directly or indirectly is charged a fee to engage in personal contact with or to allow personal contact by employees, devices, or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patron, to include, but not be limited to, bath houses, massage parlors, and similar or related activities.
A.
In order to protect and maintain the character of
residential neighborhoods, to prevent the occurrence of blighting
and deterioration of commercial and industrial areas, and to promote
the welfare, health, peace, temperance, and safety of the citizens
of El Reno, no adult business or adult entertainment use shall be
located within 1,000 feet of any residential area, school, public
park, church, or existing adult business or adult entertainment use.
All distances required to be met pursuant to this article shall begin
at the property line of the proposed use and shall be measured to
the nearest property line of the public or private school, park, church,
residentially zoned area, or existing adult business or adult entertainment
use within the proscribed distance, if any.
B.
No part of this article will be deemed to disenfranchise
any member of the healing arts licensed by the State of Oklahoma to
perform manipulation of body parts as part of his/her profession or
counseling of said persons by licensed practitioners.
C.
Any adult business or adult entertainment use lawfully
operating on November 21, 2002, that is in violation of the provisions
of this article shall be deemed a nonconforming use. The nonconforming
use will be permitted to continue for a period not to exceed six months,
unless sooner terminated for any reason or voluntarily discontinued
for a period of 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 or more adult businesses
or adult entertainment uses are within 1,000 feet of one another and
otherwise in a permissible location, the adult business or adult entertainment
use which was first established and continually operating at a particular
location is the conforming use and the later established business(es)
is (are) nonconforming.
The location of adult businesses and adult entertainment uses as defined herein shall be allowed as conditional uses in industrial areas, provided that the prohibitions as outlined in § 275-87 are met.
A.
The owner of any real property located within the
City limits of El Reno who with actual or constructive knowledge allows
the location of an adult business or adult entertainment use as defined
herein in any area prohibited by this article shall be guilty of a
misdemeanor and punishable by a maximum fine of $200.
B.
Each day that an adult business or adult entertainment
use exists in any area prohibited by this article shall constitute
a separate offense.
