2005/06/15 Council Agenda Packet

worship; 6. lots located in residential zones. B. An adult retail business shall not be located or maintained within the area designated by the map set forth in Exhibit A to this ordinance. C. An adult retail business shall not be located within one thousand feet of any other adult retail use establishment or any adult use business. D. An adult retail business which is operating on June 1, 2005, may continue in operation as a lawful nonconforming use, notwithstanding the provisions of this section, as long as it meets the requirements for a nonconforming use under Chapter 19.38 EMC. Section 3. Ordinance No. 1671-89, as amended (Section 19.04.020 EMC) is amended by the addition of the following definitions: "Adult retail" means an enclosed building, or any portion thereof which, for money or any other form of consideration, devotes a significant or substantial portion of stock in trade to the sale, exchange, rental, loan, trade, transfer or viewing of "adult-oriented merchandise." For purposes of this definition, a retail establishment devotes a significant or substantial portion of its stock in trade to adult-oriented merchandise if the sale, exchange, rental, loan, trade, transfer or viewing of such adult-oriented merchandise is clearly material to the economic viability of the business. It is presumed that such adult-oriented merchandise is clearly material to the viability of the business if adult-oriented merchandise accounts for any one or more of the following: 1. thirty percent or more of the retail dollar value of gross sales over any quarterly period; 2. thirty percent or more of the floor area of the store open to the public; 3. thirty percent or more of the retail dollar value of all merchandise displayed in the store; 4. thirty percent or more of the store's inventory (whether measured by retail dollar value or number of items); or E 91