§ 899-1-A1. Adult Bookstore or Adult Video Store.  


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  • "Adult Bookstore" or "Adult Video Store" means a commercial establishment which, as one of its principal business activities, offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of "specified sexual activities" or "specified anatomical areas." A "principal business activity" exists where the commercial establishment meets any one or more of the following criteria:

    (a)

    At least 35% of the establishment's displayed merchandise consists of said items; or

    (b)

    At least 35% of the establishment's revenues derive from the sale or rental, for any form of consideration, of said items; or

    (c)

    The establishment maintains at least 35% of its floor space for the display, sale, and/or rental of said items (aisles and walkways used to access and purchase said items shall be included in "floor space" maintained "for the display, sale, and/or rental of said items"); or

    (d)

    The establishment maintains at least five hundred square feet (500 sq. ft.) of its floor space for the display, sale, and/or rental of said items (aisles and walkways used to access and purchase said items shall be included in "floor space" maintained "for the display, sale, and/or rental of said items"); or

    (e)

    The establishment regularly offers for sale or rental at least one thousand (1,000) of said items; or

    (f)

    The establishment regularly offers said items and regularly advertises itself or holds itself out, by using "adult," "adults-only,' "XXX," "sex," "erotic," "novelties," or substantially similar language, as an establishment that caters to adult sexual interests.

(Ordained by Ord. No. 230-1996, eff. Sept. 6, 1996; a. Ord. No. 9-1998, eff. Jan. 12, 1998; a. Ord. No. 250-2002, eff. June 26, 2002; Emer. Ord. 083-2011, § 1, eff. March 16, 2011)