§ 13-134. Misdemeanor offenses  


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  • In addition to all other offenses specified in this article, municipal code, county ordinances and state statutes, a sexually-oriented business shall be subject to the following restrictions:

    (a) Notwithstanding that it is not a criminal offense for a person to operate or cause to be operated a sexually-oriented business to be in violation of Chapter IV, Article 9, Nudity Limitation, it shall be unlawful and a misdemeanor to establish, substantially enlarge or operate a sexually-oriented business within the city without first complying with the provisions of this article;

    (b) It shall be unlawful and a misdemeanor to operate or cause to be operated a sexually-oriented business outside of the commercial zones specified in this article;

    (c) It shall be unlawful and a misdemeanor to operate or cause to be operated a sexually-oriented business within one thousand (1,000) feet of any religious institution, school, or public park or within five hundred (500) feet of any area zoned for and/or lawfully operated as a residential use.

    (d) With the exception of sexually-oriented businesses located within the PDC zone, it shall be unlawful and a misdemeanor to operate or cause to be operated a sexually-oriented business within one thousand (1,000) feet of another sexually-oriented business.

    (e) With the exception of sexually-oriented businesses located within the PDC zone, it shall be unlawful and a misdemeanor to cause or permit the operation, establishment or maintenance of more than one (1) sexually-oriented business within the same building, structure or portion thereof, or to cause the increase of floor area of any sexually-oriented business in any building, structure or portion thereof containing another sexually-oriented business.

    (f) For those sexually-oriented businesses located within the PDC Zone, it shall be unlawful and a misdemeanor to cause or permit the operation, establishment or maintenance of more than one (1) sexually-oriented business within the same leasing or occupied space or portion thereof containing another sexually-oriented business.

(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-4, § 4, 2-2-98)