DEFINITION

A business that sells or disseminates explicit sexual material, and at which access to the public display of explicit sexual material is restricted by law to persons 18 years of age or older.

STANDARDS

1. An adult establishment must not be located: within 750 feet of any other adult establishment, within 750 feet of an SDCampus, or within 750 feet of any assembly use established as a community center or place of worship, within 750 feet of any primary/secondary school, within 750 feet of any day care center which serves children under the age of 18, or within 750 feet of any public park.
2. An adult establishment may not be operated within: 1,500 feet of a building which is used primarily for religious worship and related religious activities; 1,500 feet of a public or private educational facility, including but not limited to child care facility, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education school, junior colleges, and universities; school includes the school ground, but does not include the facilities used primarily for another purpose and only incidentally as a school; 1,500 feet of a public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, skating rink, pedestrian/bicycle paths, wilderness areas, or other similar public land within the village which is under the control, operation, or management of the village park and recreation authorities; or 1,500 feet of another adult entertainment establishment.
3. An adult entertainment establishment may not be operated in the same building, structure, or portion thereof, containing another adult entertainment establishment. For the purpose of this Code, measurement must be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a adult entertainment establishment is conducted, to the nearest property line of the premises of a church, synagogue, regular place of worship, or public or private elementary or secondary school, or to the nearest boundary of an affected public park, lot containing a residence, district not listed at the beginning of this section, or licensed child care facility.
4. The distance between any two adult entertainment establishment uses must be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
5. An adult establishment may be only one type of adult establishment: adult bookstore, adult cabaret, adult massage parlor, or adult motion picture theater. An adult establishment may not combine these uses.
6. An adult establishment must not display obscene or indecent lights, posters, photographs, sketches, painted signs, laminated signs, or similar materials that are visible from the exterior of the building or visible through windows adjacent to a public right-of-way.