§ 18-3. Adult novelty shops and sexually oriented businesses.

(a)

Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult novelty shop means a commercial establishment that displays, sells or offers for sale instruments, devices, or paraphernalia designed or marketed primarily for use to stimulate human genital organs or for use in connection with sadomasochistic practices.

Sadomasochistic practice means flagellation or torture by or upon a person clothed or naked, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed or naked.

Sexual conduct means:

(1)

The fondling or other touching of human genitals, pubic region, buttocks, or developed female breasts;

(2)

Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation and sodomy;

(3)

Masturbation; and

(4)

Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) if this definition.

Sexually oriented businesses are defined as follows:

Adult amusement or entertainment means amusement or entertainment which is distinguished or 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 bookstore means an establishment having as a significant portion of its stock in trade books, film, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

Adult mini-motion pictures theater means an enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on depicting sexual conduct or specified anatomical areas.

Adult motion picture arcade means any place to which the public is permitted or invited wherein coin- 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 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 specified anatomical areas.

Adult motion picture theater means an 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 specified anatomical areas.

Massage parlor means any place for any form of consideration or gratuity, massage, alcohol rub, administration or fomentations, electric or magnetic treatments, or any other treatment or manipulation of 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 specified anatomical areas.

Model studio means any place other than university or college art classes where, for any form of consideration or gratuity, figure models who display specific anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

Sexual encounter center means any 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 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 to be limited to, bath houses, massage parlors, and related or similar activities.

Specified anatomical areas means:

(1)

Human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola.

(2)

Human male genitals in a discernible turgid state, even if completely and opaquely covered.

(b)

The location of an adult novelty shop or sexually oriented businesses shall be in compliance with applicable commercial zoning regulations of the city and may not be located within 1,000 feet of:

(1)

Any building primarily and regularly used for worship services and religious activities;

(2)

Any public or private school;

(3)

Any public park or playground;

(4)

Any public library; or

(5)

Any land zoned or used for residential purposes.

If any such building used for worship and religious activity, any public or private school, any public park or playground, any public library or any land zoned or used for residential purposes shall be established within 1,000 feet of any such premises after the premises have been established, this shall not be a bar to the continuation of the business so long as it remains in continuous operation. The distance indicated in this subsection shall be measured from the nearest property line of such church or school to the nearest public entrance door of the premises of the adult novelty shop along the street right-of-way line providing the nearest direct route usually traveled by pedestrians between such points. For purposes of determining measured distance, property situated on the opposite side of the street from such church or school shall be considered as if it were located on the same side of the street with such church or school.

(c)

Penalty for violation. Any person, firm, or corporation who violates any provision of this article shall be guilty of an offense, and, upon conviction, shall be punished subject to the provisions of section 1-7.

(Code 1995, § 10-1; Ord. No. 1012, § 1, 7-21-1998)