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Home My Public Portal About1997-07 Adult Bookstore/Business RegulationGREENCASTLE ORDINANCE NO. 1997 - Re: Adult Bookstore /Business Regulation Section One PURPOSE The purpose of this ordinance is to regulate adult bookstores, adult business and similar businesses within the planning and zoning jurisdiction of the City of Greencastle. Section Two INTENT In the development and adoption of this ordinance, it is recognized that there are some businesses, by their very nature, and their operational characteristics, that cause concern for the public safety of the residents of Greencastle, when such businesses are located in close proximity to residential neighborhoods, schools and churches. These businesses have caused a public safety concern and a concern for potential deleterious impact upon property values and the quality of life in such surrounding areas. Special regulations are deemed necessary to control the effects arising from these enterprises are set forth below. The primary purpose of these controls and ® regulations is to protect the public safety in general as well as the integrity, value, and character of residential neighborhoods, and to protect minors from the objectionable operational characteristics of these adult uses by restricting their close proximity to churches, parks, schools, day care centers, other businesses of similar nature and residential areas as well as hours of operations. Similarly, it is not the intent nor effect of this ordinance 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 ordinance to condone or legitimize the distribution of obscene material. Section Three DEFINITIONS 1. "ADULT BOOKSTORE" shall mean an establishment having as a substantial or significant portion of its stock in trade, books, magazines, films for sale or viewing on premises by use of motion picture devices or any other coin operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or related to "Sexual Conduct", or "Specified Anatomical Areas ", or establishment with a segment or section devoted to the sale or display of such material. 2. "ADULT BUSINESS" shall mean any commercial activity whether conducted intermittently or free time, which primarily involves the sale, display, exhibition, or viewing of books, magazines, films, photographs, or other materials, 1 distinguished or characterized by an emphasis on matters depicting, describing, or relating to human sex acts, or by an emphasis on male or female genitals, buttocks, or female breast or that is designed or marketed for use in conjunction with "Sexual Activities." Such business shall include while not being exclusive of: a) Adult Book Stores b) Adult Mini Motion Picture Theater C) Adult Motel d) Adult Motion Picture Theater e) Cabaret f) Massage Parlor g) Adult Motion Picture Arcade h) Nude Model Studio 3. "ADULT MINI MOTION PICTURE THEATER" shall mean an enclosed building with a capacity of fifty (50) persons or less used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "Sexual Conduct' or "Specified Anatomical Areas ", for observation of patrons therein. 4. "ADULT MOTEL" shall mean a motel wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing "Sexual ® Conduct' or "Specified Anatomical Areas ". 5. "ADULT MOTION PICTURE ARCADE" shall mean any place to which the public is admitted or invited wherein coin or slug- operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image - producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "Sexual Conduct' or "Specified Anatomical Areas ". 6. "ADULT MOTION PICTURE THEATER" shall mean an enclosed building with a capacity of fifty -one (51) or more persons used regularly and routinely for presenting material having as a dominant theme material distinguished or relating to "Sexual Conduct" or "Specified Anatomical Areas ", for observation by patrons therein. 7. "CABARET' shall mean a nightclub, theater, or other establishment which is licensed to serve food and /or alcoholic beverages which feature live performances by topless and /or bottomless dancers, "go -go" dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on "Sexual Conduct' or "Specified Anatomical Areas ". ® 8. "MASSAGE PARLOR" shall mean any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or by any other treatment or manipulation of the human body 2 occurs as part or in connection with "Sexual Conduct," or where any person providing ® such treatment, manipulation or service related thereto exposes "Specified Anatomical Areas." 9. "NUDE MODEL STUDIO" shall mean any place where, for any form of consideration or gratuity, figure models who display "Specified Anatomical Areas" are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity. a) Exceptions - a person appearing in a state of nudity may do so in a modeling class operated: 1. By a school, licensed by the State of Indiana, a college, junior college, or university supported entirely or partly by taxation, 2. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or 3. In a structure: a. which has no sign visible from the exterior of the structure and ® no other advertising that indicates a nude person is available for viewing; and b. where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and c. where no more than one (1) nude model is on the premises at any one time. 10. "SEXUAL CONDUCT' includes the following: a) The fondling or other touching of human genitals, pubic region, buttocks, or female breasts: b) Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy; c) Masturbation. 11. "SPECIFIED ANATOMICAL AREAS" includes the following: a) Less than completely and /or opaquely covered: i) human genitals, pubic region, ® ii) buttocks iii) female breast below a point immediately above the top of the areola; and 3 b) Human genitals in a discernibly turgid state, even if completely and ® opaquely covered. Section Four CONDITIONS The establishment, enlargement, reconstruction, resumption, or structural alteration of any adult business is permitted in a C -3 zoning district by special exception only. Said adult business shall be specifically excluded from all other zoning districts. Section Five PROHIBITIONS The establishment, enlargement, reconstruction, resumption, or structural alteration of any adult business shall be prohibited if such business is within: a) one - thousand (1,000) feet of any church, public or private elementary or secondary school, private or public preschool or day care enter, or public park or any other business of this nature. b) five hundred (500) feet of any residential zoning district, mobile home park district. E Section Six MEASUREMENT OF DISTANCES The distance between an adult business and any church, school, park, day care center, residential zoning district, mobile home park district or other adult business shall be measured in a straight line, without regard to intervening structures or objects, from the closest property line of the adult business to the nearest property line of the church, day care center, school, park, residential zoning district or other adult business. If any adult business is part of or included within an integrated center, the portion of said center or leased space occupied by such adult business shall be used in determining the closest property line of said establishment. Section Seven EXTERIOR DISPLAY No "Adult Business" establishment shall be conducted in any manner that permits the observation of any material depicting, describing or relating to "Sexual Conduct' or "Specified Anatomical Areas" by display, decorations, sign, show window or other opening from any public way. 4 Signs. No wall painted signs shall be permitted for an "Adult Business ". One (1) ® monument sign structure, not to exceed thirty -two (32) square feet of surface area (including base, etc.) and not exceeding six (6) feet in height is allowed on the premises. Location of sign shall meet the requirements of the Greencastle Zoning Ordinance. No other signage shall be permitted. Lighting. Signs and sign structures may be illuminated, provided, however, such illumination shall not be by way of exposed neon, exterior lighting (e.g., spot or flood lights), or any flashing or animated lights (either interior to the sign, on the exterior of the sign, or as a border to the sign). Section Eight SEVERABILITY If any part or provision of these regulations or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of these regulations or the application thereof to other persons or circumstances. The City of Greencastle hereby declares it would have enacted the remainder of the regulations even without any such part, provision or application. Section Nine TIME OF OPERATION The time of operation of adult business shall not be longer than 8:00 a.m. - 9:00 p.m., Monday through Saturday and 12:00 p.m. - 5:00 p.m. on Sunday. Section Ten AGE OF PATRONS All customers, patrons or persons entering the establishment must be at least eighteen years of age. Section Eleven EMPLOYEES No employee may be a convicted felon. The establishment must keep, on the premises, a criminal history check of all employees, which may be reviewed by the city building inspector. 5 ® Section Twelve ENFORCEMENT Any person who violates the provisions of the Ordinance or of any other action taken under the Ordinance commits a Class A Ordinance violation and shall upon successful complaint and prosecution by the City Attorney in the Putnam Circuit Court or the Putnam County Court be fined in an amount not less than ten dollars ($10.00) and not more than two - thousand, five - hundred dollars ($2,500.00), pursuant to Greencastle City Code Chapter 829 -10. Each day that a person maintains a common nuisance in violation of the Planning and Zoning Ordinance shall be considered to encompass a separate violation of the Ordinance subject to a separate fine therefor. Section Thirteen EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and adoption by the Common Council and approval by the Mayor of the City of Greencastle, Indiana. So recommended by the Planning Commission this 28th day of April 1997. • President Attest: S(dcretary PASSE21ND ADOP D the Common Council of the City of Greencastle, Indiana this day o 1997. ,"La a&I=� 42 Nancy A. M' hael, Mayor ATTEST: is Pamela S. Jones, CI r - Treasurer N 0 0 resented by me tot e Mayor of Greencastle, Indiana this day of 1997, at v o'clock, �.m. C1 1 Pamela S. Jones, d k- reasurer Approved aN signed by me this 3 "7t day of 1997, at o'clock M. Nancy A. Y ichael, Mayor ATTEST: Pamela S. reso Mordadult.bms surer J