Section 25.05.040 Scope of controls.

1. No building permit shall be issued for substantial interior remodeling with a value of greater than twenty-five thousand dollars ($25,000) to any building or structure, or the construction, erection, enlargement of any building or structure on any lot or lots or property lying wholly or partially within any area designated in section 25.05.030 herein, regardless of the fact that preliminary or final approval has been given to a site plan or plat, nor shall any building or structure be constructed, erected, enlarged or substantially remodeled on any lot or lots wholly or partially in said areas if the use of said building will be for any adult entertainment business.

2. The Plan and Zoning Commission of Sioux City, Iowa shall not approve an application for rezoning or grant site plan approval to any site, regardless of the fact that application for such rezoning or site plan approval has been submitted to the Commission prior to the effective date of this law, for any site which lies wholly or partially within the areas designated in section 25.05.030 if the use of said building will be for any adult entertainment business..

3. Nothing contained in this ordinance shall be deemed to affect in any way the validity of any building permit issued prior to the effective date of this ordinance, but no certificate of occupancy shall be issued for an adult entertainment business.

4. For the purposes of this ordinance, an "adult entertainment business" means those businesses defined as such in sub-section (5) below plus any other type of businesses selling adult devices or novelties used or customarily used when performing specified sexual activities as that term is defined in section 4.74.020.

5. "Adult entertainment businesses" means businesses which, as a part of or in the process of delivering goods and services, displays to its patrons specified sexual activities or specified anatomical areas in printed form or through any form of photographic medium or by use of male or female models. The following are examples of adult entertainment businesses but the list is not to be considered exclusive: adult book stores; adult motion picture theaters; adult video stores, model studios, introductory services, and escort service bureaus.

a. "Adult book store" means an establishment having in its stock in trade any of the following: books, periodicals, or magazines for sale when said stock in trade is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities, or specified anatomical areas.

b. "Adult motion picture theater" means an establishment used regularly and routinely for presenting motion pictures or videotapes having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

c. "Adult video store" means an establishment which has as a part of its inventory for sale or rental for either on-premises or off-premises viewing, films and/or videotapes having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or related to specified sexual activities or specified anatomical areas.

d. "Model Studio" means any establishment where for any form of consideration or gratuity, models who display specified anatomical areas are provided to be observed, or subject to lawful tactile conduct, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity, or where for any form of consideration or gratuity, nude or semi-nude dancing, readings, counseling sessions, body-painting and other activities that present materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas are provided for observation by or communication to persons paying such consideration or gratuity.

h. "Introductory service" means a service offered or performed by any person for consideration, the principal purpose of which is to aid persons to become socially acquainted or to otherwise assist persons to meet for social purposes, or which service is generally known or should be known by the offering or performing party to be used by the recipients thereof for the purpose of obtaining information about other persons to be used for social purposes and which involves sessions or other activities where materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas are provided for observation by or communication to the persons paying such consideration or where models are used. (Ord. 2003-0985; 2003-0953)