§ 1-10-125. Businesses existing on effective date.

(a)

An operator of a business existing and operating on the effective date of Ordinance No. 99-036 [this article], which business meets the definition of a sexually oriented business under this article, shall not be required to make an application for a license hereunder and may continue the existing use of the property until the occurrence of any of the following:

(1)

The use is expanded, altered, modified, enlarged or intensified; or

(2)

The sexually oriented business fails to renew its occupational license by December 31 of any year; or

(3)

The use ceases for a period of ninety (90) consecutive days or more for any reason; or

(4)

The transfer of ownership of the business.

(b)

An operator of a business which has been granted, under prior law, a special exception to operate a detrimental use for a use which would be classified as a sexually oriented business under this article, shall not be required to make an application for a license hereunder and may continue the existing use of the property until the occurrence of any of the following:

(1)

The use is expanded, altered, modified, enlarged or intensified; or

(2)

The use violates any of the terms and conditions of the special exception; or

(3)

The special exception expires pursuant to section 3-9-7(h) of this Code.

Provided, however, that upon the transfer of ownership of a business granted such a special exception, subsequent owners may continue to operate the existing business at that location, but shall be required to conform to all other requirements of this article.

(c)

A business existing and operating on the effective date of Ordinance No. 99-036 [this article] which meets the definition of sexually oriented business, as such term is defined herein, including those businesses described in subsection (a) and (b) of this section, shall be considered a sexually oriented business for the purpose of this article, and the operation of said business shall conform to the provisions of sections 1-10-129, and 1-10-133 through 1-10-140 of this article, and shall be subject to any fines and penalties for violations thereof. The operation of the said business shall also be subject to the suspension and revocation provisions of sections 1-10-131(b) and (c), and 1-10-132(b), (c) and (d) of this article, as if the sexually oriented business was required to be licensed under this article.

(d)

An operator of a sexually oriented business that was existing and operating on the effective date of Ordinance No. 99-036 [this article] may apply for a sexually oriented business license for the business subject to all the requirements of this article.

(e)

Upon the occurrence of any of the events set forth in subsection (a) of this section in the absence of a valid sexually oriented business license for the premises, said sexually oriented business shall cease operation, and the right to continue operation under subsection (a) of this section without a valid sexually oriented business license shall be terminated.

(Ord. No. 99-036, § 1, 9-20-99)