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NOW, THEREFORE, BE IT RESOLVED AND ORDAINED by the Hall County
<br /> Board of Supervisors that the Hall County Nebraska Zoning Resolution No. 04-0020 (2004), be
<br /> amended as follows:
<br /> Item 1:
<br /> That Section 2.03A Defmitions of Terms be amended by repealing the definitions in subsections
<br /> 2.03.11 through 2.03.20, 2.03.269, 2.03.389, and 2.03.390; that the following new definitions be
<br /> adopted;and that the subsections of Section 2.03A be renumbered accordingly:
<br /> ADULT BOOKSTORE OR ADULT VIDEO STORE shall mean a commercial establishment
<br /> which, as one of its principal business activities, offers for sale or rental for any form of
<br /> consideration any one or more of the following: books, magazines, periodicals or other printed
<br /> matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video
<br /> discs, slides, or other visual representations which are characterized by their emphasis upon the
<br /> display of "specified sexual activities" or "specified anatomical areas." A "principal business
<br /> activity" exists where the commercial establishment meets any one or more of the following
<br /> criteria:
<br /> 1. At least 35% of the establishment's displayed merchandise consists of said items, or
<br /> 2. At least 35% of the retail value (defined as the price charged to customers) of the
<br /> establishment's displayed merchandise consists of said items, or
<br /> 3. At least 35% of the establishment's revenues derive from the sale or rental, for any form of
<br /> consideration, of said items, or
<br /> 4. The establishment maintains at least 35% of its floor area for the display, sale, and/or rental
<br /> of said items (aisles and walkways used to access said items, as well as cashier stations
<br /> where said items are rented or sold, shall be included in "floor area" maintained for the
<br /> display, sale, or rental of said items); or
<br /> 5. The establishment maintains at least five hundred square feet (500 sq. ft.) of its floor area for
<br /> the display, sale, and/or rental of said items (aisles and walkways used to access said items,
<br /> as well as cashier stations where said items are rented or sold, shall be included in "floor
<br /> area"maintained for the display, sale, or rental of said items); or
<br /> 6. The establishment regularly offers for sale or rental at least two thousand (2,000) of said
<br /> items; or
<br /> 7. The establishment maintains an"adult arcade," which means any place to which the public is
<br /> permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or
<br /> mechanically controlled still or motion picture machines, projectors, or other image-
<br /> producing devices are regularly maintained to show images to five or fewer persons per
<br /> machine at any one time, and where the images so displayed are characterized by their
<br /> emphasis upon matter exhibiting"specified sexual activities"or"specified anatomical areas."
<br /> ADULT CABARET shall mean a nightclub, bar, juice bar, restaurant, bottle club, lounge, or
<br /> similar commercial establishment that regularly features live conduct characterized by semi-
<br />, nudity. No establishment shall avoid classification as an adult cabaret by offering or featuring
<br /> nudity.
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