Chapter 125 – Sexually Oriented Businesses

CHAPTER 125 SEXUALLY ORIENTED BUSINESSES 125.01 Purpose and Intent 125.14 Additional Regulations for Adult Motels 125.02 Definitions 125.15 Regulations Pertaining to Exhibition of 125.03 Classification and Standards of Conduct Sexually Explicit Films or Videos and Operation 125.16 Exterior Portions of Sexually Oriented Businesses 125.04 Permit Required 125.17 Signage 125.05 Issuance of Permit 125.18 Persons Younger Than Eighteen Prohibited 125.06 Fees 125.19 Massages or Baths Administered by Person of 125.07 Inspection Opposite Sex 125.08 Expiration of Permit 125.20 Consumption of Alcoholic Beverages Prohibited 125.09 Suspension 125,21 Separation of Entertainers and Customers 125.10 Revocation 125.22 Notices 125.11 Transfer of Permit 125.23 Injunction 125.12 Location Restrictions 125.24 Exemptions 125.13 Nonconforming Uses 125.25 Penalty Provision 125.01 PURPOSE AND INTENT. It is the purpose of this chapter to regulate sexually oriented businesses and related activities to promote the health, safety, morals, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the City. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent or effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this ordinance to condone or legitimize the distribution of obscene materials. 125.02 DEFINITIONS. The following terms are defined for use in this chapter. 1. “Adult arcade” means any place to which the public is permitted or invited wherein coin- operated 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 the depicting or describing of specified sexual activities or specified anatomical areas. 2. “Adult bookstore” or “adult video store” means a commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following: A. Books, magazines, periodicals or other printed matter, or photographs, films, motion picture, video cassettes or video reproductions, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or B. Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore or adult video store.