Appendix C: Zoning Text Provisions on Sexually Oriented Businesses From Selected N.C. Ordinances

Appendix to Regulating Sexually Oriented Businesses

Summary:

Ordinance provisions from the following ordinances are reprinted below:

Charlotte
Durham
High Point
Raleigh
Winston-Salem

Charlotte

2.201 Definitions

Adult establishment. Any structure or use of land which meets the definition of adult establishment as outlined in North Carolina General Statute Sec. 14-202.10. (Health massage/body work therapists licensed under Article VII, Chapter 6 of the City Code shall not be considered to be a massage business.)

Notwithstanding the definition of “adult bookstore” provided in G.S. 14-202.10(1), for purposes of this Zoning Ordinance, “adult bookstore” means a retail establishment:

a. Which receives a majority of its gross income during any calendar month from the sale or rental of (i) “publications” which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to “specified sexual activities,” as defined in G.S. 14-202.10(10), or “specified anatomical areas,” as defined in G.S. 14-202.10(11); and/or (ii) merchandise that are “sexually oriented devices,” as defined in G.S. 14-202.10(9); or

b. Having as a preponderance of its publications and/or merchandise (i) “publications” which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities,” as defined in G.S. 14-202.10(10), or “specified anatomical areas,” as defined in G.S. 14-202.10(11); and/or (ii) merchandise that are “sexually oriented devices,” as defined in G.S. 14-202.10(9).

As used in this definition, “publications” include books, magazines, electronic, magnetic, digital or other imaging medium.

Section 12.518. Adult establishments.

Studies have shown that lowered property values and increased crime rates tend to accompany and are brought about by the concentration of adult establishments as defined herein. Regulation of these uses is necessary to insure that these effects do not contribute to the blighting of surrounding neighborhoods and to protect the integrity of the City’s schools, churches, child care centers, parks and playgrounds which are typically areas in which juveniles congregate. It is the intent of this provision to establish reasonable regulations to prevent a concentration of adult establishments within the City of Charlotte and to separate adult establishments from those sensitive uses listed below.

Adult establishments are permitted in the B-2, UMUD, I-1, and I-2 districts subject to the following requirements:

(a) Any structure in which an adult bookstore or adult mini motion picture theatre establishment is the principal or accessory use shall be separated by a distance of at least 1500 feet from any residential district, school, church, child care center, park or playground. An adult establishment lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a residential district, school, church, child care center, park or playground within the 1500-foot separation distance.

(b) Any structure in which an adult establishment, other than an adult bookstore or adult mini motion picture theatre, is the principal or accessory use shall be separated by a distance of at least 1000 feet from any residential district, school, church, child care center, park or playground. An adult establishment lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a residential district, school, church, child care center, park or playground within the 1000-foot separation distance.

(c) Any structure in which an adult bookstore or adult mini motion picture theatre establishment principal or accessory use shall be separated by a distance of at least 1000 feet from any other adult establishment.

(d) Any structure in which an adult establishment, other than an adult bookstore or adult mini motion picture theatre, is the principal or accessory use shall be separated by a distance of at least 500 feet from any other adult establishment.

(e) The distance for the separation from residential zoning and protected uses shall be measured in a straight line from the closest edge of the building occupied by an adult use to the nearest residential zoning district or to the property line of a protected use. The distance for the separation between adult uses shall be measured in a straight line from the closest edges of the buildings occupied by adult uses.

(f) No more than one adult establishment may be located within the same structure.

(g) In addition to the standards set forth in Section 5.108, before granting a variance from the separation requirements set forth in subsection (a) or (b) of this section, the board of adjustment shall find that thoroughfares, traffic circulation patterns, structures or other natural or man-made geographic or topographic features are likely to provide an adequate measure of protection for the protected zoning or use from any secondary effects of the adult establishment.

Editor’s note—Section 3 of Ord. No. 3782, adopted January 18, 1994, provided that all existing adult establishments that are nonconforming with respect to Section 12.518(a) or (b) must comply with the provisions of Ord. No. 3782 within eight (8) years of the effective date (January 18, 1994).

Section 12.522. Temporary definitions of “adult bookstore” and “adult mini-motion picture theatre.”
(1) Purpose. The Charlotte City Council and City staff are undertaking a comprehensive review of current and potential policies regarding the regulation of adult establishments. The current adult establishment provisions include spacing requirements of 1,500 feet for adult bookstores and mini-motion picture theatres and 1,000 feet for any other adult establishment from schools, playgrounds, child care centers, places of worship and residentially zoned districts. Some owners and operators of adult establishments have devised methods that attempt to circumvent the adult establishment provisions in order to locate within the areas protected by the separation requirements. The temporary definitions contained in this section are intended to prevent further attempts to circumvent the current policy of the Charlotte City Council while the comprehensive review is conducted and any revised or additional policies are developed and implemented.

(2) Temporary definition of “adult bookstore.” Notwithstanding the definitions of “adult bookstore” contained in G.S. 14-202.10 (1) and Section 2.201 of the Zoning Ordinance, “adult bookstore” means a business establishment that:

(a) Has as one of its principal business purposes the sale or rental of; or

(b) Has [as] a substantial or significant portion of its stock or trade for sale or rental; “publications” which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to [(i)] “specified anatomical areas,” as defined in G.S. 14-202.10(10), or “specified sexual activities,” as defined in G.S. 14-202.10(11); and/or (ii) “sexually oriented devices,” as defined in G.S. 14-202.10(9).

As used in this definition, “publications” include, by way of illustration, books, magazines, other periodicals, movies, video tapes, and other products offered in photographic, electronic, magnetic, digital or other imaging medium.

In addition of all other information available to the Zoning Administrator in making a determination whether a particular use in an “adult bookstore,” any of the following shall be indicia that an establishment has as one of its principal business purposes the sale or rental of “publications” which are distinguished or characterized by their emphasis on matter depicting, describing or relating to [(i)] “specified sexual activities,” as defined in G.S. 14-202.10(10), or “specified anatomical areas,” as defined in G.S. 14-202.10(11); and/or (ii) “sexually oriented devices,” as defined in G.S. 14-202.10(9):

(a) Restricted access to the business establishment or portions of the business establishment by persons under 16 years of age;

(b) Posted signs or notices outside and/or inside the business establishment indicated that the material offered for sale or rental might be offensive;

(c) The building or portion of the building containing the business establishment does not have windows or has windows that are screened or otherwise obstructed or are situated in a manner that restricts visual access from outside the building to materials displayed within for sale or rental.

(3) Temporary definition of “adult mini-motion picture theatre.” Notwithstanding the definition of “adult mini-motion picture theatre” contained in G.S. 14-202.10(6), “adult mini-motion picture theatre” means an enclosed building with one or more viewing booths or partitioned areas designed to hold patrons for the presentation and viewing of motion pictures (film, videotape, laser disc, CD-ROM or other imaging media), where:

(a) One of the principal business purposes is the presentation and viewing of motion pictures in the viewing booths that; or

(b) A substantial or significant portion of the stock of motion pictures available for viewing or that are actually viewed in the viewing booths; are distinguished or characterized by their emphasis on matter depicting, describing or relating to [(i)] “specified anatomical areas,” as defined in G.S. 14-202.10(10), or “specified sexual activities,” as defined in G.S. 14-202.10(11); and/or (ii) “sexually oriented devices,” as defined in G.S. 14-202.10(9).

In addition of all other information available to the Zoning Administrator in making a determination whether a particular use in an “adult mini-motion picture theatre,” any of the following shall be indicia that the business establishment has as one of its principal business purposes the presentation and viewing in viewing booths motion pictures which are distinguished or characterized by their emphasis on matter depicting, describing or relating to [(i)] “specified sexual activities,” as defined in G.S. 14-202.10(10), or “specified anatomical areas,” as defined in G.S. 14-202.10(11); and/or (ii) “sexually oriented devices,” as defined in G.S. 14-202.10(9).

(a) Restricted access to the business establishment or portions of the business establishment where viewing booths are located by persons under 16 years of age;

(b) Posted signs or notices outside and/or inside the business establishment indicated that the material offered for presentation and viewing in the viewing booths might be offensive;

(c) The portion of the building containing the viewing booths is screened or otherwise located or situated in a manner that restricts or limits complete visual access to the booths from the primary or principal clerk or cashier area.

Durham

2.2 Definitions

Adult Establishment:
A business as defined in North Carolina General Statute (NCGS) 14-202.10(2). This definition includes adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult live entertainment businesses or massage businesses. These uses are further defined in NCGS 14-202.10 and the definitions are adopted by reference. However, those massage businesses where all employees associated with massage meet the ethical and educational requirements specified by the American Massage Therapy Association, or equivalent national or state standards, are exempt from this definition.

Interpretation: Massage businesses meeting these educational and ethical standards may be classified as “Offices” in the Permitted Use chart.

7.4 Adult Establishments
When allowed, adult establishments shall be subject to the following additional requirements:

1. No building or structure associated with the use shall be closer than 100 feet to a property line of an adjacent residential zone or use, or closer than 50 feet to a property line of an adjacent non-residential zone or use. These distances may be decreased by the approving authority if a sight obscuring wall or hedge provides a screen between the adult establishment and the adjacent lot or use.

2. The facility shall not be permitted adjacent to a pre-existing place of worship, day care facility, public or private school.

3. The minimum straight line distance between the property lines of two adult establishments shall be 2,000 feet.

High Point

Sec. 9-2-2
(83) Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, sexual encounter center, or any combination of the foregoing. As used in this title the following definitions shall apply:

a. Adult arcade (also known as “peep show”) means any place to which the public is permitted or invited wherein coin-operated 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 persons in booths or viewing rooms where the images so displayed depict or describe “specified sexual activities” or “specified anatomical areas.”

b. Adult bookstore or adult video store means a commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one (1) or more of the following:
1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations that depict or describe “specified sexual activities” or “specified anatomical areas”; or
2. Instruments, devices, or paraphernalia that are designed for use in connection with “specified sexual activities.”

c. Adult cabaret means a nightclub, bar, restaurant, or other commercial establishment that regularly features, exhibits or displays as one of its principal business purposes:
1. Persons who appear nude or semi-nude; or
2. Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”; or
3. Films, motion pictures, video cassettes, slides, or other photographic reproductions which depict or describe “specified sexual activities” or “specified anatomical areas.”

d. Adult motel means a hotel, motel or similar commercial establishment that:
1. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that depict or describe “specified sexual activities” or “specified anatomical areas” as one of its principal business purposes; or
2. Offers a sleeping room for rent for a period of time that is less than 10 hours; or
3. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.

e. Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown as one of its principal business purposes that depict or describe “specified sexual activities” or “specified anatomical areas.”

f. Adult theater means a theater, concert hall, auditorium, or similar commercial establishment which regularly features, exhibits or displays, as one of its principal business purposes, persons who appear in a state of nudity or semi-nude, or live performances that expose or depict “specified anatomical areas” or “specified sexual activities.”

g. Escort means a person who, for tips or any other form of consideration, agrees or offers to act as a date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

h. Escort agency means a person or business that furnishes, offers to furnish, or advertises to furnish escorts as one of its principal business purposes, for a fee, tip, or other consideration.

i. Nude model studio means any place where a person who appears nude or semi-nude, or who displays “specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nude model studio shall not include a proprietary school licensed by the State of North Carolina or a college, junior college or university supported entirely or in part by public taxation; 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 in a structure:
1. That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and
2. Where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and
3. Where no more than one (1) nude or semi-nude model is on the premises at any one time.

j. Nude or a state of nudity means:
1. The appearance of a human anus, male genitals, or female genitals; or
2. A state of dress which fails to opaquely cover a human anus, male genitals, or female genitals.

k. Semi-nude means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

l. Sexual encounter center means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration physical contact in the form of wrestling or tumbling between persons of the opposite sex, or activities between male and female persons and/or persons of the same sex when one (1) or more of the persons is in a state of nudity or semi-nude.

m. Specified anatomical areas means human genitals in a state of sexual arousal.

n. Specified sexual activities means and includes any of the following:
1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or
2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or
3. Masturbation, actual or simulated; or
4. Excretory functions as part of or in connection with any of the activities set forth in 1. through 3. above.

Sec. 9-5-2 Development Standards for Individual Uses
(cccc) Sexually oriented businesses, including the following: Adult arcades, adult bookstores or adult video stores, adult cabarets, adult motels, adult motion picture theaters, adult theaters, escort agencies, nude model studios, sexually encounter centers, or any combination of these uses.

(1) Where required. GB and CB Districts.

(2) Spacing from other sexually oriented business. No such business shall locate within 1,200 feet of any other sexually oriented business, as measured in a straight line from property line to property line;

(3) Spacing from other uses. No sexually oriented business shall be located within 650 feet of a church, public or private elementary or secondary school, child day care or nursery school, public park, residentially zoned property, or any establishment with an on-premise ABC license, as measured in a straight line from property line to property line;

(4) Maximum area. The gross floor area of any sexually oriented establishment shall not exceed 3,000 square feet.

(5) Prohibition of sleeping quarters. Except for an adult motel, no sexually oriented business may have sleeping quarters;

(6) Restriction of uses on the same property or in the same building, structure, or portion thereof. There shall not be more than one (1) sexually oriented business in the same building, structure, or portion thereof. No other principal or accessory use may occupy the same building, structure, property, or portion thereof with any sexually oriented business.

(7) Grant of special exception from the locational requirement of sexually oriented businesses:
a. If the city clerk denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of this title, then the applicant may, not later than 10 calendar days after receiving notice of the denial, file with the city clerk a written request for an exception from the locational restrictions of this title. If the written request is filed with the city clerk within the 10-day limit, the board of adjustment shall hear and consider the request. The board of adjustment shall set a date for the hearing within 60 days from the date the written request is received.

b. The board of adjustment may, in its discretion, grant a special exception from the locational requirements of this title for sexually oriented businesses, subject to the following findings:
1. That the location of the proposed sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare; and
2. That the granting of the special exception will not violate the spirit and intent of this title; and
3. That the location of the sexually oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of blight; and
4. That the location of a sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any efforts of neighborhood renewal or restoration; and
5. That all other applicable provisions of this title and the High Point City Code will be observed.

c. If the board grants the special exception, the special exception is valid for one (1) year from the date of the board’s action. Upon the expiration of a special exception, the sexually oriented business is in violation of the locational requirements until the applicant applies for and receives another special exception.

d. If the board denies the special exception, the applicant may not re-apply for a special exception until at least 12 months have elapsed since the date of the board’s action.

Raleigh

Sec. 10-2002. DEFINITIONS.
(b) Meaning of Specific Words and Terms.

Adult cabaret. Any place which features topless dancers, go-go dancers, strippers, male or female impersonators, or similar entertainers.

Adult establishment. Adult cabarets, adult media centers, and any place contained in G.S. 14-202.10(b), excluding masseurs.

Adult media center. Any place:
(1) Which receives a majority of its gross income during any calendar month from the sale, rental, or both of books, periodicals, magazines, videotapes, CD-ROM, computer software, movies, and other products offered in photographic, print, electronic, magnetic, or digital or other imaging medium which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to “specified anatomical areas” as defined in G.S. 14-202.10(10), or “specified sexual activities” as defined in G.S. 14-202.10(11); or “sexually oriented devices” as defined in G.S. 14-202.10(9), or any combination thereof; or
(2) Having as a preponderance of its books, periodicals, magazines, videotapes, CD-ROM, computer software, movies, and other products offered in photographic, print, electronic, magnetic, or digital or other imaging medium which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to “specified anatomical areas” as defined in G.S. 14-202.10(10), or “specified sexual activities” as defined in G.S. 14-202.10(11); or “sexually oriented devices” as defined in G.S. 14-202.10(9), or any combination thereof.

Sec. 10-2144. SPECIAL USE PERMITS APPROVED BY THE BOARD OF ADJUSTMENT.
Adult establishment.
To permit an adult establishment in industrial districts, Shopping Center, Neighborhood Business, Business Zone, and Thoroughfare Districts after the Board finds that the evidence presented at the hearing establishes each of the following:

(1)Off-street parking.
Each facility shall provide off-street parking in accordance with §10-2081.

(2)Advertisements. Except for on-premise and off-premise signs permitted under this chapter, advertisements, displays or other promotional materials shall not be visible to the public from pedestrian sidewalks or walkways.

(3) Overconcentration.

No more than one (1) adult establishment is located in any two thousand (2,000) foot radius (determined by a straight line and not street distance). Adult establishments which, because of their very nature, are recognized as having serious objectionable operational characteristics upon adjacent neighborhoods, particularly when they are concentrated. Special regulation of these establishments is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. To prevent an overconcentration of adult establishments and the creation of a de facto downgrading or blighting of surrounding neighborhoods; this radius requirement is necessary, unless otherwise determined under subparagraph (5) below.

(4) Residential proximity.

No adult establishment is located within a two thousand (2,000) foot radius (determined by a straight line and not street distance) of any place of worship, school (public or private), specialty school, day-care facility, or any residential, O&I-1, O&I-2 and Buffer Commercial zoning districts.
Adult establishments, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when they are located near a residential zoning district or certain other districts which permit residential uses. Special regulation of these establishments is necessary to insure that these adverse effects will not contribute to a downgrading or blighting of surrounding residential districts or certain other districts which permit residential uses, unless otherwise, determined by subparagraph (5) below.

(5) Variances.

The Board of Adjustment shall vary the radius requirements in subparagraphs (3) and (4) above when it finds that:
a. Practical difficulties or unnecessary hardships would result from the strict enforcement of the radius requirements.
b. The proposed use will not be injurious to property or improvements in the affected area.
c. The proposed use will not enlarge or encourage the development of a “skid row” area.
d. The permitting of an adult establishment in the area will not be contrary to any governmental program of neighborhood conservation, rehabilitation, improvement, or revitalization.
e. All other applicable provisions of this chapter will be observed.
(6) The proposed use will not adversely impact public services and facilities such as parking, traffic, police, etc., and that the secondary effects of such uses will not adversely impact on adjacent properties. The secondary effects would include but not be limited to noise, light, stormwater runoff, parking, pedestrian circulation and safety.

When determining preponderance of adult materials, only those objects which have equal access and visibility shall be considered.

Winston-Salem/Forsyth County Unified Development Ordinance

[Online at: http://www.municode.com/folio.pgi/stdobject/buttoni.gif/13150.nfo?84,18]

Definitions:
ADULT ESTABLISHMENT. “Any structure or use of land which meets the definition of adult establishment as outlined in North Carolina General Statue Sec. 14-202.10. (Licensed health massage/body work therapists shall not be considered a massage business.)”

Notwithstanding the definition of “adult bookstore” contained in G.S. 14-202.10 (1), “adult bookstore” means a business establishment that:

(a) Has as one of its principal business purposes the sale or rental of; or,

(b) Has a substantial or significant portion of its stock or trade for sale or rental; “publications” which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to (i) “specified anatomical areas,” as defined in G.S. 14-202.10 (10), or “specified sexual activities,” as defined in G.S. 14-202.10 (11); and/or (ii) “sexually oriented devices,” as defined in G.S. 14-202.10 (9).

In addition to all other information available to the Zoning Officer in making a determination whether a particular use is an “adult bookstore,” any of the following shall be indicia that an establishment has as one of its principal business purposes the sale or rental of “publications” which are distinguished or characterized by their emphasis on matter depicting, describing or relating to (i) “specified sexual activities,” as defined in G.S. 14-202.10 (10), or “specified anatomical areas,” as defined in G.S. 14-202.10 (11); and/or (ii) “sexually oriented devices,” as defined in G.S. 14-202.10 (9):

(a) Restricted access to the business establishment or portions of the business establishment by persons under 16 years of age;

(b) Posted signs or notices outside and/or inside the business establishment indicating that the material offered for sale or rental might be offensive;

Notwithstanding the definition of “adult mini-motion picture theater” contained in G.S. 14-202.10 (6), “adult mini-motion picture theater” means an enclosed building with one or more viewing booths or partitioned areas designed to hold patrons for the presentation and viewing of motion pictures (film, videotape, laser disc, CD-ROM or other imaging media), where:

(a) One of the principal business purposes is the presentation and viewing of motion pictures in the viewing booths that; or,

(b) A substantial or significant portion of the stock of motion pictures available for viewing or that are actually viewed in the viewing booths; are distinguished or characterized by their emphasis on matter depicting, describing or relating to (I) “specified anatomical areas,” as defined in G.S. 14-202.10 (10), or “specified sexual activities,” as defined in G.S. 14-202.10 (11); and/or (ii) “sexually oriented devices,” as defined in G.S. 14-202.10 (9).

In addition to all other information available to the Zoning Officer in making a determination whether a particular use is an “adult mini-motion picture theater,” any of the following shall be indicia that the business establishment has as one of its principal business purposes the presentation and viewing in viewing booths motion pictures which are distinguished or characterized by their emphasis on matter depicting, describing or relating to (i) “specified sexual activities,” as defined in G.S. 14-202.10 (10), or “specified anatomical areas,” as defined in G.S. 14-202.10 (11) and/or (ii) “sexually oriented devices,” as defined in G.S. 14-202.10 (9):

(a) Restricted access to the business establishment or portions of the business establishment where viewing booths are located by persons under 16 years of age;

(b) Posted signs or notices outside and/or inside the business establishment indicating that the material offered for presentation and viewing in the viewing booths might be offensive;

2-5.4 ADULT ESTABLISHMENT

No activities permitted under State law shall be conducted in adult establishments in the following locations:

Residential Districts. Adult establishments may not be located within a distance of one thousand (1,000) feet from any RM or RS District;
School. Adult establishments may not be located within a distance of one thousand (1,000) feet from any public or private school;
Child Day Care Center. Adult establishments may not be located within a distance of one thousand (1,000) feet from any child day care center;
Other Adult Establishment. Adult establishments may not be located within a distance of one thousand (1,000) feet from any other adult establishment.

All measurements shall be made by drawing straight lines from the nearest point of the lot line where the proposed adult establishment is to be located to the nearest point of the lot line or boundary of the closest RM or RS District; elementary, secondary or private school; or adult establishment.

(2) Adult Establishment Advertisements. Adult establishments shall not be permitted to display promotional materials visible to the public from pedestrian sidewalks or walkways; nor shall any signage contain lewd or offensive language, or any sort of sexually explicit graphics.

(7) Adult establishment advertisements: Adult establishments shall not be permitted to display promotional materials visible to the public from pedestrian sidewalks or walkways; nor shall any signage contain lewd or offensive language, or any sort of sexually explicit graphics.