A. No license shall be granted for an adult entertainment establishment or adult hotel which is located within one thousand (1,000) feet of a church, public or parochial school, public park, public library, residential zoning district, erotic dance studio or any other adult entertainment establishment or adult hotel.

B. Provided, however, that adult entertainment establishment or adult hotel licenses may be issued for all establishments engaged in the business of adult entertainment establishments or adult hotels as of the date of enactment of the ordinance codified in this chapter, that are located within one thousand (1,000) feet of a church, public park, public or parochial school, residential zoning district, erotic dance studio or other adult entertainment establishment or adult hotel, so long as the premises are used or held for use as an adult entertainment establishment or adult hotel. This distance is to be measured from the nearest property line of the residential zoning district, church, public or parochial school, public park or other adult entertainment establishment or adult hotel to the nearest property line of the premises on which the adult entertainment establishment or adult hotel is located or of any parking lot designated to be used by the patrons of such an establishment. Provided, however, that:

1. Such license, once issued, shall not be renewed to any person or premises not identified in the original license; further, that should such a licensed establishment cease to be used for such purpose for a period of ninety (90) days or more, then and in that event, no new adult entertainment establishment or adult hotel license shall be issued for the establishment except as specifically provided by this chapter;

2. Should a licensed establishment cease to be used for such purpose for a period of ninety (90) days or more, than and in that event the existing license shall be deemed to expire at twelve (12) noon, on the ninety-first calendar day of non-use. In no event shall this provision be construed to extend the term of a license issued under this section. Should a license expire pursuant to this provision, the licensee may make application for a refund of the portion of license fee attributed to the remaining period of the license. All such applications must be filed at least thirty (30) days prior to the end of the original term of the license. No refunds shall be made for a period of time less than thirty (30) days.

Periods of time during which such establishments are being remodeled or repaired because of normal wear and tear, desire to improve the quality of the premises, or damage caused by fire or natural disaster such as floods or windstorms, shall not be included in computing the above ninety-day period, provided, that any remodeling or repair must be commenced within ninety (90) days after closure of any structure and completed within a reasonable time thereafter. The chief of police of El Dorado shall be notified in writing within thirty (30) days of closing of such establishment for remodeling or repair, such notice to state the date of commencement and estimated or actual completion of remodeling or repair. Any establishment shall not be relicensed and shall cease to be used as an adult entertainment establishment or adult hotel if repair is not commenced within ninety (90) days after such closure, if such repairs are not completed within a reasonable time thereafter and/or if the chief of police is not notified within the thirty-day time period. (Ord. G-819 § 1 (part), 1996)