§ 21.2-151. Live sex act businesses prohibited.

(a)

It shall be unlawful for any person to operate and maintain a live sex act business.

(b)

Operation of a live sex act business is a public nuisance per se which may be abated by all means authorized by law, including an order of the Glendale municipal court as provided herein.

(1)

The city attorney, in the name of the City of Glendale, may apply to the municipal city court for an order permitting the city to abate violations of this section.

(2)

After notice to the operator of a live sex act business, the judge shall conduct a hearing and take evidence as to whether a live sex act business is being operated in violation of this section.

(3)

If, at the conclusion of the hearing, the judge determines that a live sex act business is being operated in the city in violation of this section, an order shall be entered authorizing the city to abate the violation by closing the business. A copy of the order shall be delivered to the operator of the business and mailed to the owner of the property upon which the business is located.

(c)

Nothing in this section shall be construed to apply to the non-obscene presentation, showing or performance of any play, drama, or ballet in any theater, concert hall, fine arts academy, school, institution of higher education or similar establishment as a form of expression of opinion or communication of ideas or information, as differentiated from the promotion or exploitation of sex for the purpose of advancing the economic welfare of a commercial or business enterprise.

(Ord. No. 2059, § 2, 1-26-99; Ord. No. 2076, § 1, 1-26-99)