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HomeMy WebLinkAboutORD877ORDINANCE NO.877 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION.ARIZONA.ZONING ORDINANCE,IN CASE PZ-7-93,BY AMENDING AND ADDING TO SECTION 5.0101 DEFINITIONS,ADDING DEFINITIONS FOR "ADULT LIVE ENTERTAINMENT ESTABLISHMENT" AND "ADULT NOVELTY STORE" UNDER THE DEFINITION OF "ADULT USES";REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT: SECTION I IN GENERAL The Apache Junction.Arizona Zoning Ordinance is hereby amended by adding to Section 5.0101,under the definition of ADULT USES,the following definitions in their proper alphabetical sequence to read: ADULT LIVE ENTERTAINMENT ESTABLISHMENT A business that offers any of the following entertainment during any part of any two or more days within any continuous thirty day period: 1.Topless or bottomless performers and/or employees. 2.Male or female striptease performers and/or employees. 3.Male or female go-go performers and/or employees whose clothing less than completely and opaquely covers: a.Human genitals and pubic region,and b.Buttocks and c.Entire female breast below a point immediately above the top of the areola. 4.Nude models or models where costuming is as described in paragraph 3 above."Mud wrestling","Wet T -Shirt"or other similar entertainment. ADULT NOVELTY STORE A commercial establishment which: 1.As one of its business purposes,offers for sale or rental,for any form of consideration,any one or more of the following: Instruments,devices or paraphernalia which are designed for use in connection with "specified sexual activities"excluding condoms and other birth control and disease prevention products. ORDINANCE NO.877 PAGE ONE OF TWO A commercial establishment may have other business purposes that do not involve the offering for sale or rental of any of the above -listed items and still be categorized as an adult novelty store.Such other business purposes will not serve to exempt such commercial establishment from being categorized as an adult novelty store so long as one of its business purposes is offering for sale or rental for consideration any of the above -listed items. SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY I f any section,sub -section,sentence,phrase,clause or portion of this ordinance or any part of the code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portion thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THIS 2ND DAY OF NOVEMBER ,1993 . SIGNED AND ATTESTED TO THIS 4TH DAY OF NOVEMBER ,19 93 . 7.awv JEAN' PERKINS - ATTEST: KATHLEEN City -GLElitta .tIM8UT Cit Attorney ORDINANCE NO.877 PAGE TWO OF TWO or