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(a) 
The location of sexually oriented businesses is subject to the distance and licensing requirements of this article.
(b) 
Sexually oriented businesses may not be located within one thousand (1,000) feet of:
(1) 
A church, synagogue or regular place of religious worship;
(2) 
A public or private elementary or secondary school;
(3) 
A public park;
(4) 
The property line of a lot devoted to a residential use as defined in this article;
(5) 
A licensed day care center;
(6) 
The city’s fire district.
(c) 
Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the business or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property lines of the premises of a church, synagogue or regular place of religious worship or public or private elementary or secondary school or licensed day care center or the nearest boundary of an affected public park, residential or city commercial business district or residential lot.
(d) 
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 shall be prohibited. 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.
(e) 
Any sexually oriented business lawfully operating on the date of enactment of Ordinance No. [011607] that is in violation of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period 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. Two (2) or more sexually oriented businesses that 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.
(f) 
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, synagogue or regular place of worship, public or private elementary or secondary school, licensed day care center, public park or residential or city commercial business 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.
(Ordinance 011607, sec. 12, adopted 1/16/07; Ordinance adopting Code)
(a) 
An escort agency shall not employ any person under the age of eighteen (18) years.
(b) 
A person commits an offense if he acts as an escort or agrees to act as an escort for any person under the age of eighteen (18) years.
(Ordinance 011607, sec. 13, adopted 1/16/07)
(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 defense to prosecution under this section if the person under eighteen (18) years was in a restroom not open to public view of 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 011607, sec. 14, adopted 1/16/07)
(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 of persons of the opposite sex.
(d) 
It shall be unlawful for the owner, manager, operator, assistant manager, assistant operator, ticket seller, ticket taker, usher or any other person connected with or employed by any motion picture theater or drive-in motion picture theater to show or exhibit at a motion picture theater or drive-in motion picture theater in the city, or to aid or assist in such showing or exhibition, any motion picture, film, slide or other exhibit which is visible from any public street or highway in which the pubic area, bare buttocks or bare female breasts of the human are shown.
(Ordinance 011607, sec. 15, adopted 1/16/07)
(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) 
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. The term “rent” or “subrent” means the act of permitting a room to be occupied for any form of consideration.
(Ordinance 011607, sec. 16, adopted 1/16/07)
(a) 
A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises 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 exact location of one (1) or more projection stations and the location of all projection screens and sound fixtures and designating any portion of the premises in which patrons will not be permitted. 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 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 dimensions of all areas 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 projection station or projection screen may be made without the prior approval of the chief of police or his designee.
(4) 
It is the duty of the owners and operator of the premises to ensure that at least one (1) employee is on duty and situated at each projection station at all times that any patron is present on the premises.
(5) 
The exterior of the premises shall be configured in such a manner that the screens are not visible from any public thoroughfare or from adjacent property. Additional screening may be required if deemed necessary by the chief of police.
(6) 
It shall be the duty of the owners and operator, and it shall also be the duty of any agent and employees present in the premises, to ensure that the viewing and lobby areas remain 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 subsection (a)(1).
(b) 
A person having a duty set out in this section commits an offense if he knowingly fails to fulfill that duty.
(Ordinance 011607, sec. 17, adopted 1/16/07)
(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, pelvic 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 discernible 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 011607, sec. 18, adopted 1/16/07)