§ 26-269. Exterior portions of sexually oriented businesses.

(a)

An owner or operator of a sexually oriented business commits an offense if he allows:

(1)

The merchandise or activities of the establishment to be visible from any point outside the establishment; or

(2)

The exterior portions of the establishment to be painted any color other than a single achromatic color, except that this paragraph does not apply to an establishment if the following conditions are met:

a.

The establishment is a part of a commercial multi-unit center; and

b.

The exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the establishment, are painted the same color as one another or are painted in such a way as to be a component of the overall architectural style or pattern of the commercial multi-unit center.

(b)

Nothing in this section requires the painting of an otherwise unpainted exterior portion of a sexually oriented business.

(c)

Notwithstanding any provision of the Palestine Development Code or any other city ordinance, code, or regulation to the contrary, the owner or operator of any sexually oriented business or any other person commits an offense if he erects, constructs, or maintains any sign for the establishment other than one primary sign and one secondary sign, as provided in this section.

(d)

A primary sign may have no more than two display surfaces. Each display surface must:

(1)

Not contain any flashing lights;

(2)

Be a flat plane, rectangular in shape;

(3)

Not exceed 32 square feet in area; and

(4)

Not exceed ten feet in height or ten feet in length.

(e)

A secondary sign may have only one display surface. The display surface must:

(1)

Not contain any flashing lights;

(2)

Be a flat plane, rectangular in shape;

(3)

Not exceed 20 square feet in area;

(4)

Not exceed five feet in height or four feet in width; and

(5)

Be affixed or attached to a wall or door of the establishment.

(f)

A primary or secondary sign must contain no photographs, silhouettes, drawings, or pictorial representations of any manner, and may contain nothing other than:

(1)

The name of the establishment; and

(2)

One or more of the following phrases:

a.

"Adult arcade."

b.

"Adult bookstore or adult video store."

c.

"Adult cabaret."

d.

"Adult motel."

e.

"Adult motion picture theater."

f.

"Escort agency."

g.

"Nude model studio."

(g)

In addition to the phrases listed in subsection (f) of this section, a primary sign for an adult motion picture theater may contain the phrase, "Movie Titles Posted on Premises," and a primary sign for an adult bookstore or adult video store may contain the word "DVDs".

(h)

Each letter forming a word on a primary or secondary sign must be of a solid color, and each letter must be the same print type, size, and color. The background behind the lettering on the display surface of a primary or secondary sign must be of a uniform and solid color.

(Ord. No. O-01-15 , § I, 1-12-2015)