Chapter 20.74
ADULT ENTERTAINMENT BUSINESSES
Sections:
20.74.020 Activity subject to regulation.
20.74.050 Operations permit regulations.
20.74.060 Application, notice and hearing.
20.74.010 Purpose.
A. It is the purpose of this chapter:
1. To regulate adult entertainment businesses so that they are conducted in a manner that prevents crime, maintains property values, prevents blight and avoids deterioration of the City’s neighborhoods;
2. To establish reasonable and uniform regulations to prevent the concentration of adult entertainment businesses within the City; and
3. To regulate, but not prohibit, the display of nonobscene adult entertainment material.
B. Nothing in this chapter is intended to allow either obscene material or conduct which is punishable under State or Federal law. (Ord. 1843)
20.74.020 Activity subject to regulation.
A. For the purpose of applying the regulations of this chapter, an “adult entertainment business” is any commercial enterprise with a regular and substantial course of business activity involving the display of adult entertainment material to patrons. Categories of businesses include without limitation:
1. “Live Presentation” Category. An in-person display, by one or more living persons, for the observation by patrons, of adult entertainment material.
2. “Motion Picture Projection” Category. A display by motion picture projection, for the observation by patrons, of adult entertainment material.
3. “Video Presentation” Category. A display, by video, for the observation by patrons, of adult entertainment material.
B. For the purpose of applying the regulations of this chapter, “adult entertainment material” presents:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the aureole;
2. Human male genitals in a discernible turgid state, even if completely and opaquely covered;
3. The fondling or other touching of human genitals, pubic region, buttocks, anus or female breasts;
4. Actual or simulated sexual intercourse, oral copulation, anal intercourse, bestiality, direct physical stimulation of clothed or unclothed genitals, flagellation or torture in the context of sexual relationship, and any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, sodomy, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty;
5. Human excretion, urination, menstruation, vaginal or anal irrigation;
6. Masturbation, actual or simulated; or
7. Excretory functions as part of or in connection with any of the activities set forth in this subsection.
20.74.022 Other definitions.
For purposes of administering this chapter, the following definitions shall apply:
A. “Private viewing area” is an area for the viewing of adult entertainment material which can accommodate no more than four patrons at one time.
B. “Within 300 feet” and “within 100 feet” refer to the distance measured in a straight line, without regard to intervening structures, from any point on the closest exterior structural wall of the structure containing the adult entertainment business to any point on the closest property line of a lot on which there is a use identified in a regulation contained in this chapter.
20.74.030 Issuing authority.
The City Council is authorized to issue an operations permit: adult entertainment business. The City Manager is conditionally authorized to issue an operations permit: adult entertainment business.
20.74.040 Prohibition.
It is unlawful for any person, association, partnership or corporation to commence, conduct, manage, participate in or sponsor an adult entertainment business without a valid operations permit: adult entertainment business.
20.74.050 Operations permit regulations.
Any person, association, partnership or corporation that commences, conducts, manages, participates in, sponsors, operates, or is a responsible managing employee or permittee of an adult entertainment business shall comply with the following:
A. No owner, manager, operator, responsible managing employee or permittee shall have been convicted of a sex-related crime within five years preceding the permit being issued.
B. No owner, manager, operator, responsible managing employee or permittee shall be convicted of a sex-related crime at anytime during the term of the operations permit.
C. The adult entertainment business shall be contained within a structure which prevents a view of the adult entertainment material from any point upon the public right-of-way or other point where the general public is allowed to be.
D. The adult entertainment business shall not be located within a structure:
1. Any portion of which contains living quarters, a bed, mattress or other sleeping accommodations;
2. Which shares ingress or egress with any residential use, or transient occupancy use or living quarters.
E. No adult entertainment business shall be located:
1. Within any zone other than the Central Commercial Zone.
2. Within 100 feet of another adult entertainment business.
3. On a lot that is adjacent to a lot that is zoned Single-Family Residential.
4. Within 300 feet of any:
a. Elementary, junior high, or high school;
b. Church; or
c. Public park identified in the General Plan.
F. Every owner, manager, operator, responsible managing employee or permittee of an adult entertainment business shall prohibit the admission of minors into all portions of the structure occupied by the business.
G. The adult entertainment business shall have a sign, placed on the outside of the building, that conspicuously communicates the message “Minors Not Admitted” or equivalent language.
H. Location for Patrons Viewing Material.
1. The adult entertainment business shall not display adult entertainment material to patrons in a private viewing area.
2. Every owner, manager, operator, responsible managing employee or permittee of an adult entertainment business shall ensure that patrons on the premises only view adult entertainment material when the patron is located within the “viewing area” designated in the operations permit.
I. The adult entertainment business shall maintain a light level of one foot candle, measured at floor level, within the structure, at each point from which a patron can observe the display of adult entertainment material.
J. Every owner, manager, operator, responsible managing employee or permittee of an adult entertainment business shall prohibit patrons on the premises from presenting a live display of adult entertainment material.
K. When the adult entertainment business involves a live display of adult entertainment material:
1. While the adult entertainment material is being displayed live, the adult entertainment business shall have present in the area of its business operation no less than one security guard on duty for each 30-patron segment, or portion thereof, of the maximum allowable occupancy of the area. Each guard the adult entertainment business is required to provide shall be, while on duty:
a. In uniform and in possession of a valid security guard license issued by the State of California;
b. Equipped and able to maintain and restore peace in the business’s operational area; and
c. Responsible only for maintaining and restoring peace in the area of the business’s operation.
2. While adult entertainment material is being displayed live, the adult entertainment business:
a. Shall not allow a person engaged in the live display, such as a dancer, performer or model, to be closer than six feet to any patron; and
b. Shall require each person engaged in the live display, such as a dancer, performer or model, to be on a stage (1) raised no less that 12 inches above the floor level of the patrons’ viewing area; and (2) having a 36-inch high railing that provides a barrier between the stage and patrons.
3. Every owner, manager, operator, responsible managing employee or permittee of an adult entertainment business shall prohibit patrons on the premises from being on the stage.
L. Every owner, manager, operator, responsible managing employee or permittee of the adult entertainment business shall ensure that all of its on-duty employees, who are not participating in a live display of adult entertainment material in compliance with the regulations of this chapter, are not engaged in the live display of adult entertainment material.
M. Every owner, manager, operator, responsible managing employee or permittee of an adult entertainment business shall ensure that the adult entertainment business is in full compliance with all applicable City, State and Federal regulations.
20.74.060 Application, notice and hearing.
A. The applicant shall file in the Office of the City Manager, pursuant to this title, an application for an operations permit: adult entertainment business. (See Chapter 20.02 CMC).
B. Within seven days from the filing of a complete application, the City shall cause to be published a notice of a public hearing to be conducted at the first available regular meeting of the City Council no sooner than five days following the date of publication of notice, but in no event more than 21 days after the date of publication of notice. (See Chapter 1.16 CMC).
C. If a regular meeting of the City Council is not available for setting the public hearing within the timeframe of subsection B of this section, then the City Manager shall conduct the public hearing and render a decision on behalf of the City Council that, upon request, can be reconsidered by the City Council.
D. Unless the applicant and the City agree otherwise, the City’s decision on the application shall be publicly rendered on the day noticed for the commencement of the public hearing. Within three days of the City’s decision, the City shall mail to the applicant a notice of the City’s decision.