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(a) For the purpose of this Article, "specified sexual activities" is defined as:

(1) Human genitals in a state of sexual stimulation or arousal;

(2) Acts of human masturbation, sexual intercourse or sodomy;

(3) Fondling or other erotic touching of human genitals, pubic region, buttock

or female breast.

(b) For the purpose of this Article, "specified anatomical areas" is defined as:

(1) Less than completely and opaquely covered:

a. Human genitals pubic region;

b. Buttock;

c. Female breast below a point immediately above the top of the areola.

(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

13.1.153 BOOK SALES.

No person, firm or corporation shall establish any bookstore or book department of a

store in which a substantial or significant portion of its stock in trade is in books,

magazines and other periodicals which are distinguished or characterized by their

emphasis on matter depicting, describing or relating to “specified sexual activities" or

"specified anatomical areas," except as provided m Section 1-1-157 hereof.


No person, firm or corporation shall operate any sexual devices store for the display or

sale of sex-stimulating devices, aids to sexual gratification or devices to perform the

functions of male or female genitals or other similar articles or devices, except as

provided in Section 13-1-157.


(a) Such use or uses as prohibited in this Article may be waived, provided that such

building is not located within five hundred (500) feet of any residential dwelling,

rooming unit, school, hospital, church or stores which may be frequented by

children under the age of eighteen (18). This prohibition may be waived off the

person applying for the waiver files with the Common Council a petition of the

proposed regulated use signed by fifty-one percent (51%) of the persons owning,

residing or doing business within a radius of five hundred (500) feet of the

location of the proposed use. The petitioner shall attempt to contact all eligible

locations within this radius and must maintain a list of all addresses at which no

contact was made. A minimum of one hundred (100) responses is required. In

the event that the five hundred (500) feet radius is not sufficiently populated to

provide one hundred (100) residences and/or business places eligible to

respond, the radius will be increased in increments of one hundred (100) feet

until there is an area large enough to contain one hundred (100) eligible

residences and/or business places. In addition to these conditions, such use

shall be subject to final approval by the Zoning Board of Appeals in the same

respect as a special use permit.

The onerous requirement to contact all the owners of both residences and businesses within 500 feet of the proposed store location, and then get at least 51% of those individuals to sign the petition to waive this ban, and that there must be at least 100 signatures for such a waiver to be considered, is certain to keep all but the most determined business owner away from this community, as is the intent of the ordinance.

Other zoning ordinances allow the sale of “sexual devices,” but restrict the location of stores selling such items to manufacturing zones only, effectively taking them out of the mainstream shopping areas and stigmatizing these stores by their location.

Still others, such as the one in Milwaukee, restrict the amount of space one can utilize to sell sexually-related products:

15. ADULT RETAIL ESTABLISHMENT means an establishment in which 10 % or more of the gross public floor area is devoted to, or 10% or more of the stock-in-trade consists of, the following: books, magazines and other

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