§ 23-341. Adult entertainment uses.

Ordinance 93-09 regulating adult entertainment establishments was adopted on August 3, 1993 by the Lake Wales City Commission and included by reference in Chapter 14, Licenses and Business Regulations, Lake Wales Code of Ordinances. A copy of Ordinance 93-09 is available for public access in the office of the city clerk. The provisions contained in this section pertain to these land development regulations.

Sec. 23-341.1 Definition.

Adult entertainment establishment. An adult theater, an adult bookstore, an adult dancing establishment or any enterprise that involves the activities defined in Ordinance 93-09, Section 6, as adult entertainment activities and that are operated for commercial or pecuniary gain. ("Operated for pecuniary gain" shall not depend upon actual profit or loss and shall be presumed where the establishment has an occupational license.) An establishment with an adult entertainment license, or seeking to obtain such a license in accordance with Ordinance 93-09, is presumed to be an adult entertainment establishment.

Sec. 23-341.2 Prohibited locations.

a. Notwithstanding any other provision of the city zoning code, no person shall cause or permit the operation of, or enlargement of, an adult entertainment establishment which, while in operation or after enlargement, would or will be located within one thousand (1,000) feet of the following:

1. A preexisting adult entertainment establishment;

2. A preexisting religious institution;

3. A preexisting educational institution;

4. A preexisting residentially zoned area;

5. A preexisting park;

6. A preexisting commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption.

b. The term "enlargement" as used in this subsection, includes, but is not limited to, increasing the floor size of the establishment by more than ten (10) percent of its original size.

c. The distance requirements of paragraph "a" are independent of and do not supersede the distance requirements for any alcoholic beverage establishment contained in or hereinafter adopted by the city in any other provisions of the Lake Wales Code of Ordinances.

Sec. 23-341.3 Measurement of distance. The distance from a proposed or existing adult entertainment establishment to a preexisting adult entertainment establishment, a preexisting religious institution, a preexisting educational institution, an area zoned for residential use, a preexisting park, or a preexisting commercial establishment that sells or dispenses alcohol for on-premises consumption shall be measured by drawing a straight line between the closest property lines of the proposed or existing adult entertainment establishment and the preexisting adult entertainment establishment, preexisting religious institution, preexisting educational institution, area zoned for residential use, preexisting park, or preexisting commercial establishment that sells or dispenses alcohol for on-premises consumption.