Article 1 — Adult Entertainment Uses

The purpose of this article is to declare the zones within which adult entertainment uses, as defined in this article, may be located, and specify requirements regarding the distance from other types of land uses which must be maintained by adult entertainment uses, in order to minimize the adverse impacts associated with the concentration of adult entertainment uses or their location in residential neighborhoods or near churches or places frequented by minors.

(Ord. 1445, eff. August 14, 2014)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

Adult entertainment use.

“Adult entertainment use” shall include all of the following types of establishments and no other:

(1) Adult bookstore. “Adult bookstore” shall mean a retail sales use having as a substantial or significant portion of its stock-in-trade books, magazines, and other periodicals whose dominant or predominant character and theme is the depiction or description of specified sexual activities or specified anatomical areas, as defined in this section, or a use with a segment or section devoted to the retail sale or display of such materials.

(2) Adult motion picture theater. “Adult motion picture theater” shall mean an enclosed building and/or a drive-in motion picture theater to which the public is invited or permitted, either of which is used for presenting filmed or videotaped materials whose dominant or predominant character and theme are the depiction of specified sexual activities or specified anatomical areas, as defined in this section, for observation by six (6) or more patrons of such use at any one time.

(3) Adult picture arcade. “Adult picture arcade” shall mean 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, television sets, or other image producing devices are used to display images to five (5) or fewer persons per machine at any one time, and which images have as a dominant or predominant character and theme the depiction of specified sexual activities or specified anatomical areas as defined in this section.

(4) Nude dancing theater. “Nude dancing theater” shall mean any building or structure used for the presentation of live dancing or modeling, the dominant or predominant character and theme of which are the display of specified sexual activities or specified anatomical areas, as defined in this section, and to which the public is permitted or invited.

(5) Adult hotel. “Adult hotel” shall mean any hotel wherein material is presented which is distinguishable or characterized by an emphasis on depicting or describing specified sexual activities, as defined in this section, and which establishment restricts admission to such building, or portion thereof, to adults only. As used in this section, “hotel” shall mean that term as defined in this Code.

(6) Adult-related establishment. “Adult-related establishment” shall mean any such establishment as defined in this chapter.

Establishment of an adult entertainment use.

“Establishment of an adult entertainment use” shall mean and include the opening of such a business as a new business, the relocation of such business or the conversion of an existing business, to any adult entertainment use. Retail sale.

“Retail sale” shall mean a sale in which the vendor collects from the purchaser the State sales tax.

Specified sexual activity.

“Specified sexual activity” shall mean and include, and shall be limited to, the following:

• (1) Actual or simulated genital or anal sexual intercourse;

• (2) Oral copulation;

• (3) Bestiality;

• (4) Direct physical stimulation of unclothed genitals;

• (5) Masochism;

• (6) Erotic or sexually-oriented torture, beating, or the infliction of pain; or

• (7) The use of excretory functions in the context of a sexual relationship.

Specified anatomical areas.

• “Specified anatomical areas” shall mean and include, and shall be limited to, the following:

(1) Less than completely and opaquely covered human genitals, mons pubis, buttocks, and female breasts below the top of the areola; and/or

• (2) Human male genitals in a discernibly turgid state, even if completely or opaquely covered.

Use, used.

“Use” and/or “used” shall mean to practice customarily.

• (Ord. 1445, eff. August 14, 2014)

(a) Establishment: Allowed zones. The establishment of adult entertainment uses shall be prohibited in any zone within the County with the exception only of the General Commercial (C-G), and Highway Services Commercial (CH) zones; provided, however, no adult entertainment use may be established in any such zone unless the entire parcel upon which such use is located is outside all of the specified distance requirements set forth in subsection (b) of this section and unless the adult entertainment use complies with all the other regulations imposed within the zone by this chapter.

(b) Spacing requirements. The spacing requirements set forth in this subsection shall all be observed in the establishment of any adult entertainment use. Distances shall be measured in a straight line, between the nearest property line of the parcel on which the adult entertainment use is located to the nearest zone line or property line of the parcel upon which the following uses are located:

(1) No adult entertainment use shall be established within five hundred (500) feet of any existing adult entertainment use or any existing adult-related establishment.

(2) No adult entertainment use shall be established within five hundred (500) feet of any public or private school, publicly-owned park or playground, or church, synagogue, or other place of worship to which the public is invited or permitted to attend.

(3) No adult entertainment use shall be established on any parcel which has any part of its boundary contiguous to any part of the boundary of any parcel which is in the Low Density Residential (R-L), Medium Density Residential (R-M), or High Density Residential (R-H) zones, as specified in Article 5 of Chapter 2, or upon which a residential use exists as the principal permitted use. For the purposes of this subsection, “contiguous” shall mean physically touching, and “residential use” shall include mobile home parks, recreational vehicle campgrounds, and campgrounds, but shall

exclude motels. The distance restrictions set forth in this subsection are cumulative, not separate; therefore, adult entertainment uses may be established only on parcels which meet all of the spacing requirements set forth in this subsection.

(Ord. 1445, eff. August 14, 2014)

This article and chapter shall not be construed as relieving adult entertainment uses from any applicable requirement of any Federal or State law, regulation, or this Code, specifically including building and health regulations; provided, however, this article is not intended and shall not be construed as regulating matters preempted by State or Federal laws.

(Ord. 1445, eff. August 14, 2014)