[R.O. 2010 §601.010; Ord. No. 933 §1, 11-6-2006]
Purpose. It is the purpose of this Section to regulate sexually oriented businesses and related activities to promote the health, safety 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 orientated business within the City. The provisions of this Section 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 nor the effect of this Section 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 Section to condone or legitimize the distribution of obscene materials. The general welfare, health, morals and safety of the citizens of this City will be promoted by the enactment of this Chapter.
Definitions. For the purposes of this Section, the following terms shall be deemed to have the meaning indicated below:
- ADULT ARCADE
- 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 image-producing devices are maintained to show images to five (5) 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".
- ADULT BOOKSTORE OR ADULT VIDEO STORE
- A commercial establishment that, as one (1) of its principal business purposes, offers for sale or rental, for any form of consideration, any one (1) or more of the following:
- 1. Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations that depict or describe the "specified sexual activities " or "specified anatomical areas", or
- 2. 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. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult video store so long as one (1) of its principal business purposes is the offering for sale or rental for consideration the specified materials that depict or describe "specified sexual activities" or "specified anatomical areas". A principal business purpose need not be a primary use of an establishment so long as it is a significant use based upon the visible inventory or commercial activity of the establishment.
- ADULT MOTION PICTURE THEATER
- A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
- ADULT THEATER
- A theater, concert hall, auditorium or similar commercial establishment that regularly features persons who appear, in person, in a state of nudity and/or semi-nudity and/or live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities".
- SEXUAL ENCOUNTER CENTER
- A business or commercial enterprise that, as one (1) of its principal business purposes, offers for any form of consideration:
- SEXUALLY ORIENTED BUSINESS
- An adult cabaret or any business which offers its patrons goods of which a substantial or significant portion are sexually oriented material. It shall be presumed that a business that derives thirty percent (30%) or less of its revenue from sexually oriented materials is presumed not to be a sexually oriented business. No building, premises, structure, or other facility that contains any sexually oriented business shall contain any other kind of sexually oriented business.
- SPECIFIED SEXUAL ACTIVITIES
- Includes any of the following:
- 1. The fondling or other erotic touching of human genitals or pubic region, whether covered or uncovered;
- 2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
- 3. Masturbation, actual or simulated; or
- 4. Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above.
- SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS
- The increase in floor area occupied by the business by more than twenty-five percent (25%) as the floor area exists on the effective date of this Section.
- TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
- Includes any of the following:
- 1. The sale, lease or sublease of the business;
- 2. The transfer of securities that form a controlling interest in the business, whether by sale, exchange or similar means; or
- 3. The establishment of a trust, gift or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
Location Restrictions. Sexually oriented businesses may be located with a conditional use permit in accordance with Article VII of the zoning ordinance of the City of Owensville in the commercial or industrial districts zoned "C-2" Highway Commercial District, "M-1" Light Industrial District or "M-2" Industrial District.
The sexually oriented business may not be operated within:
Five hundred (500) feet of a church, synagogue or regular place of religious worship;
Five hundred (500) feet of a public or private elementary or secondary school or any institution of higher learning;
Five hundred (500) feet of any public or private preschool facility or any property owned by a public or private preschool facility;
Five hundred (500) feet of a public or private park or sporting facility.
Five hundred (500) feet of a licensed day care center;
Five hundred (500) feet of a licensed health care facility;
Five hundred (500) feet of any public or private library;
Five hundred (500) feet of any governmental buildings or any government owned property;
Five hundred (500) feet of an entertainment business that is oriented primarily towards children or family entertainment.
For the purpose of this Section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of the entities described in Subsection (C)(1)(a — i), both inclusive, as hereinabove set forth.
Non-Conforming Uses. All questions concerning whether or not the operation of a sexually oriented business has vested rights as a non-conforming use shall be determined in accordance with the provisions of Section 400.220 of the Zoning Code of the City of Owensville. The operation of any non-conforming use shall be governed by the provisions of said Section.