When a business location becomes a public nuisance due to prostitution

(a) The premises of a business, to which all of the following conditions apply, is declared a public nuisance per se: (1) At least three arrests of a principal, employee, or independent contractor of the business were made within a five-year period for alleged prostitution or promoting prostitution; (2) Each person arrested was charged with prostitution or promoting prostitution for an act which allegedly occurred on the premises; (3) At least three of the persons charged: (A) Were convicted of the prostitution or promoting prostitution offenses for which charged; or (B) Had the court defer acceptance of guilty or nolo contendere pleas for; and (4) The same business occupied the premises continuously from the first arrest counted under subdivision (1) until the third conviction or court deferred acceptance of guilty or nolo contendere plea counted under subdivision (3). For the purpose of this subdivision, a business shall be deemed the “same” so long as controlling ownership interest in the business remained held or shared by the same person, even if changes occurred in the name of the business, purpose of the business, proportion of controlling ownership interest held by the person, members of the controlling ownership group, if any, of the business, or any other factor which did not affect the person’s holding or sharing of controlling ownership interest. (b) The existence of the following conditions shall not be necessary for the premises of a business to become a public nuisance under subsection (a): (1) Knowledge of any principal of the business that prostitution or promoting prostitution was committed on the premises by another principal, an employee, or an independent contractor of the business; (2) Orders by any principal of the business requiring another principal, an employee, or an independent contractor of the business to commit prostitution or promoting prostitution on the premises; or (3) Acquiescence by any principal of the business to the prostitution or promoting prostitution committed on the premises by another principal, an employee, or an independent contractor of the business.