13-1422

13-1422. Adult oriented businesses; location;
hours of operation; injunction; classification;
definitions

(L06, Ch. 227, sec. 1. Eff. until 10/1/11)

A. An adult oriented business shall not be located within one-fourth mile of a
child care facility, a private, public or charter school, a public playground, a public
recreational facility, a residence or a place of worship. For the purposes of this
subsection, measurements shall be made in a straight line in all directions, without
regard to intervening structures or objects, from the nearest point on the property line
of a parcel containing an adult oriented business to the nearest point on the property
line of a parcel containing a child care facility, a private, public or charter school, a
public playground, a public recreational facility, a residence or a place of worship. An
adult oriented business lawfully operating in conformity with this section does not
violate this section if a child care facility, a private, public or charter school, a
public playground, a public recreational facility, a residence or a place of worship
subsequently locates within one-fourth mile of the adult oriented business.

B. An adult arcade, adult bookstore or video store, adult cabaret, adult motion
picture theater, adult theater, escort agency or nude model studio shall not remain open
at any time between the hours of 1:00 a.m. and 8:00 a.m. on Monday through Saturday and
between the hours of 1:00 a.m. and 12:00 noon on Sunday.

C. Subsection A of this section does not prohibit counties or municipalities from
enacting and enforcing ordinances that regulate the location of adult oriented
businesses.

D. Subsection B of this section does not prohibit counties or municipalities from
enacting and enforcing ordinances that regulate an adult arcade, adult bookstore or video
store, adult cabaret, adult motion picture theater, adult theater, escort agency or nude
model studio in a manner that is at least as restrictive as subsection B of this section.

E. If there is reason to believe that a violation of subsection A of this section
is being committed in any county or city, the county attorney of the county shall, or a
citizen of this state who resides in the county or city in the citizen's own name may,
maintain an action to abate and prevent the violation and to enjoin perpetually any
person who is committing the violation and the owner, lessee or agent of the building or
place in or on which the violation is occurring from directly or indirectly committing or
permitting the violation.

F. A violation of subsection A or B of this section is a class 1 misdemeanor. Each
day of violation constitutes a separate offense.

G. For the purposes of this section:

1. "Adult arcade" has the same meaning prescribed in section 11-821.

2. "Adult bookstore or video store" has the same meaning prescribed in section
11-821.

3. "Adult cabaret" excludes any establishment licensed under title 4 and includes
any nightclub, bar, restaurant or other similar commercial establishment that regularly
features:

(a) Persons who appear in a state of nudity or who are seminude.

(b) Live performances that are characterized by the exposure of specific anatomical
areas or specific sexual activities.

(c) Films, motion pictures, videocassettes, slides or other photographic
reproductions that are characterized by the depiction or description of specific sexual
activities or specific anatomical areas.

4. "Adult motion picture theater" has the same meaning prescribed in section
11-821.

5. "Adult oriented business" has the same meaning prescribed in section 11-821.

6. "Adult theater" has the same meaning prescribed in section 11-821.

7. "Escort" means a person who for consideration agrees or offers to act as a
companion, guide or date for another person or who agrees or offers to privately model
lingerie or to privately perform a striptease for another person.

8. "Escort agency" means a person or business association that furnishes, offers to
furnish or advertises the furnishing of escorts as one of its primary business purposes
for any fee, tip or other consideration.

9. "Nude model studio" has the same meaning prescribed in section 11-821.

10. "Nude", "nudity" or "state of nudity" has the same meaning prescribed in section
11-821.

11. "Place of worship" means a structure where persons regularly assemble for
worship, ceremonies, rituals and education relating to a particular form of religious
belief and which a reasonable person would conclude is a place of worship by reason of
design, signs or architectural or other features.

12. "Residence" means a permanent dwelling place.

13. "Seminude" has the same meaning prescribed in section 11-821.

14. "Specific anatomical areas" has the same meaning prescribed in section 11-821.

15. "Specific sexual activities" has the same meaning prescribed in section 11-821.