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0337 Adult Business 1990CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 337 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING CHUBBUCK MUNICIPAL CODE SECTION 18.04 TO DEFINE ADULT BUSINESS; AMENDING CHUBBUCK MUNICIPAL CODE SECTION 18.08.040 TO PROVIDE FOR ADULT BUSINESSES IN THE SCHEDULE OF LAND USE CONTROLS; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTERS 18.04 and 18.08 NOT HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. purpose. The purpose of this ordinance is to define adult businesses and provide locations within the City of Chubbuck where such businesses may be located. In so doing, any adult business will be required to obtain a conditional use permit for location so that appropriate restrictions can be put upon the business with respect to the times and manner in which such business is conducted. In passing upon any such conditional use permit application, the hearing body shall take into consideration the likelihood minors may be exposed to or obtain materials from such adult businesses, the proximity of any such business to places selling alcoholic beverages, the likelihood that alcoholic beverages may be consumed upon the premises, the ~rights of the citizens to have access to these types of businesses as well as such other matters that are to be considered under this code. Section 2. Definitions. The following definition for adult businesses shall be added to Section 18.04.050 of the Chubbuck Ordinance - Page 1 dsc chbbck04.11a Municipal Code: E.E. "Adult business" shall mean a business which derives more than 5% of its gross income from selling or renting any of the materials described in Idaho Code § 18-1514 or which sells or rents any of the material described in § 18-4105. Section 3. Amendment of Section 18.08.040. Section 18.08.040(A) of the Chubbuck Municipal Code is amended to read: 18.08.040 Schedule of General Controls. A. Land Uses by District. Land Uses Districts *** A R-1 R-2 R-3 Adult Business ~ ~ ~ ~ R-4 C-1 C-2 I ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. All other sections and provisions of Chapters 18.04 and 18.08 not herein amended shall remain in full force and effect. Ordinance - Page 2 dsc chbbck04.11a Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this ATTEST: CITY CLERK 10th. day of JULY_ 7" , 1990. Ordinance - Page 3 dsc chbbck04.11a