§ 5.82. Prohibition.

From and after the effective date of this article, no adult or sexually oriented business shall be established, located or operated in any area not specifically provided for in section 26.6.3 or Chapter 26 of this Code and subject to all regulations and conditions enumerated in this article.

Any business that would be deemed an adult or sexually oriented business under this article, and which was legally established and for which all applicable permits and licenses were issued and remain effective as of the effective date of this article shall not be deemed to be an adult or sexually oriented business subject to the provisions of this article for one year from the effective date of this article, except to the extent that any of the following should occur: (i) such business ceases operating in conformity with any permit issued in conjunction with the establishment thereof; or (ii) the floor area of such business used for the sale of merchandise distinguished by or characterized by an emphasis upon specified sexual activities or specified anatomical areas increases by more than 15 percent over the floor area utilized for such purpose and existing as of the effective date of this article; or (iii) the retail inventory (measured by cost to the business owner of the inventory or by the retail value of the merchandise) distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas increases by more than 15 percent over the amount of such inventory being merchandised as of the effective date of this article; or (iv) the number of performances distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities increases by 15 percent in any applicable period of time.

(Ord. No. 1094, Exh. B.)