Chapter 16. Adult Entertainment Businesses

Sec. 4-16.01 Findings.

The City Council recognizes that there is a need for controls relating to adult oriented entertainment businesses to meet conditions relating to litter, traffic, parking, hours of operation, noise, congestion, public nuisance, and other matters relating to the public health, safety and welfare. The city council also recognizes that because of their nature, adult entertainment businesses are recognized as having objectionable operational characteristics and appearance, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon adjacent areas. Regulation of the location and appearance of these businesses is necessary to insure that their adverse affects will not contribute to the blighting or downgrading of surrounding neighborhoods.

Sec. 4-16.02 Definitions.

“Adult oriented entertainment businesses” are defined as any businesses operated at a fixed location by whatever name, which appeal to prurient interests, sexual titillations, sexual appetites, sexual fantasies, or sexual curiosities. Such adult oriented businesses shall include, but not be limited to, those businesses:

(a) Which predominantly exhibit, offer for sale, or engage in the sale or distribution of publications, personal services, films, devices, products, or materials, which appeal to the prurient interest or sexual appetite of the purchaser or user;

(b) Which engage in the showing of motion pictures in which sexual activity including, but not limited to, intercourse, sodomy, oral copulation, masturbation, bestiality, or any other form of sexual gratification, is the primary and recurring theme;

(c) Which engage in the presentation of live adult entertainment in which the actors or performers simulate or engage in sexual activity, as described above, or suggestive body movements connoting such acts, with or without another actor, patron or spectator, such showing appealing to the prurient interests or sexual appetite of the spectator;

(d) Which provide dating or escort services;

(e) Which specialize in providing models who pose for photographing, drawing, or other representative renditions, which modeling appeals to a prurient interest or sexual appetite;

(f) Which engage in encounter, rap, or counseling services, which appeal to a prurient interest or sexual appetite;

(g) Which engage in providing nude, bottomless or topless dance partners;

(h) Which use nude, bottomless or topless entertainers, or use nude, bottomless or topless employees to attend to or service tables, bars or patrons, or which allow nude, bottomless or topless entertainers or employees to be seen by members of the public or patrons of the business;

(i) Which engage in providing massage, sauna baths, water baths, showers, steam rooms or steam baths, or any other body cleansing or toning arrangement wherein an attendant, clothed or nude, accompanies the customer for the purpose of talking, touching or appealing to the customer’s prurient interest or sexual appetite;

(j) Which engage in reading of, or providing tapes, records or compact discs for listening to, erotic literature that appeals to the prurient interest or sexual fantasies of customers. (Ord. 371 § 1 (part), 2002)

Sec. 4-16.03 Restrictions.

(a) Adult oriented entertainment businesses are prohibited from the following:

(1) Operating within three hundred (300) feet of the boundary of a residential zoning district or mixed use residential zoning district:

(2) Operating within a radius of one thousand (1,000) feet of any other adult oriented entertainment business;

(3) Operating within a radius of one thousand (1,000) feet of any public park, public or private school, public library, religious institution or any other public building;

(4) Being open for business between the hours of 10:00 p.m. and 7:00 a.m.

(b) Distances in this Section shall be measured in a straight line, without regard to intervening structures, from the closest exterior structure wall of each business, or in the case of zoning districts or parks, from the nearest boundary. (Ord. 371 § 1 (part), 2002)

Sec. 4-16.04 Violations.

Any person who violates any Section of this Chapter is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or both. Each day during which a violation of this chapter is committed, continues, or is permitted is a separate offense. (Ord. 371 § 1 (part), 2002)

Sec. 4-16.05 Applicability to Other Regulations.

The provisions of this Section are not intended to provide exclusive regulation of adult oriented entertainment businesses. Such uses must comply with any and all applicable regulations imposed in other articles of the zoning ordinance, other City ordinances and State and Federal law. (Ord. 371 § 1 (part), 2002)

Sec. 4-16.06 Conduct Constituting a Public Nuisance.

The conduct of any business within the City in violation of any terms of this Chapter is hereby found and declared to be a public nuisance, and the Code Enforcement Officer, City Attorney or District Attorney may, in addition or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal, enjoinment thereof, in the manner provided by law, and shall take other steps and apply to such courts as may have jurisdiction to grant such relief as will abate or remove such adult oriented entertainment business and restrain and enjoin any person from conducting, operating or maintaining an adult oriented entertainment business contrary to the provisions of this Chapter. (Ord. 371 § 1 (part), 2002)