§ 110-12. Restrictions on adult businesses.

Adult businesses, including but not limited to adult motion-picture theaters, adult bookstores, adult cabarets, adult massage parlors and adult model studios, shall only be permitted in the General Business (GB) District as conditional uses. [See Section 408A.18 of the City of North Wildwood Land Development Ordinance, (No. 1177).] Adult businesses shall be subject to the following restrictions:

A. 

No adult business shall be located within 1,000 feet of a church or school.

B. 

No two adult businesses shall be located within 600 feet of each other.

C. 

The hours of operation shall be from 10:00 a.m. until 11:00 p.m., Monday through Saturday only.

D. 

The interior of each room shall be lighted and designed in such a way that all parts of same shall be readily visible to the sales clerk, manager, operator and/or customers moving freely within the business building.

E. 

Advertisements and displays describing the goods or services operated within the adult business premises shall not be visible from outside the building, provided that the general nature of the business, such as the words "books," "motion pictures," "nightclub," "massage," "modeling studio" and similar words or general description shall be permitted upon signs permitted hereunder.

F. 

No loudspeaker or sound equipment shall be used which will emit sound to the outside of the building.

G. 

An adult business shall be operated solely within a building having at least 600 square feet used for the operation of the business, and no more than 900 square feet for such use.

H. 

Permitted signs shall be limited to lettering indicating the name, address and general nature of the business only.

I. 

No minors shall be permitted upon the business premises in any capacity, whether as an employee, customer, visitor or otherwise.

J. 

No corporation, partnership, association or persons, or any individual person or persons, shall own, operate or be employed in or by an adult business if such owner, operator or employee has ever been convicted of a violation of this Article III, the violation of any municipal, state or federal law prohibiting the sale, lease, exhibition or display of obscene material or obscene acts or any crime of moral turpitude.

K. 

The operator of any adult business shall have on the premises at all times the name and address of all its employees, and all such employees shall first appear at the City of North Wildwood Police Department for the purpose of being fingerprinted and having a background investigation prior to their commencing their duties as employees of an adult business.

L. 

The exterior of the business premises shall be so constructed, designed or laid out that no person outside the building can view the interior thereof. The doors and windows shall be kept closed, and adult products shall not be visible from the outside when the door is opened for the purpose of entering or exiting the business premises.

Editor's Note: The Land Development Ordinance is on file in the Clerk's office.

Amended 7-5-1994 by Ord. No. 1181