Chapter 17.76
ADULT-ORIENTED BUSINESSES
Sections:
17.76.030 Minimum proximity requirements.
17.76.010 Purpose.
It is the intent of this chapter to prevent community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of adult-oriented businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, churches, and residentially zoned districts or uses. The planning commission and city council find that it has been demonstrated in various communities that the concentration of adult-oriented businesses causes an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described above can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this chapter to establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses or their close proximity to incompatible uses, while permitting the location of adult-oriented businesses in certain areas. (Ord. 2008-05 § 1 (part), 2008: Ord. 98-2 § 2 (part), 1998)
17.76.020 Definitions.
For the purpose of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:
“Adult-oriented businesses” means any one of the following:
1. “Adult arcade” means an establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
2. “Adult bookstore” means an establishment, book division or magazine section of a department store that has thirty percent or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.
3. “Adult cabaret” means a bar, cocktail lounge, restaurant, or similar business establishment which: (a) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (b) which regularly features persons who appear semi-nude; and/or (c) shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
4. “Adult hotel/motel” means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which: (a) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (b) rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a twenty-four-hour period.
5. “Adult massage” means a business establishment where, for any form of consideration, physical contact occurs that is distinguished or characterized by an emphasis upon specified sexual activities. This definition excludes massage therapy business as defined in Section 17.02.030.
6. “Adult motion picture theater” means a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
7. “Adult theater” means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.
8. “Modeling studio” means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. “Modeling studio” does not include schools maintained pursuant to standards set by the State Board of Education.
“Church” means a structure which is used primarily for religious worship and related religious activities.
“Distinguished or characterized by an emphasis upon” means and refers to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films “which are distinguished or characterized by an emphasis upon” the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal. App.3 151 (1981).
“Establishment of an adult-oriented business” means an adult-oriented business and may include any of the following:
l. The opening or commencement of any adult-oriented business as a new business;
2. The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business defined in this section;
3. The addition of any of the adult-oriented businesses defined in this section to any other existing adult-oriented business; or
4. The relocation of any such adult-oriented business.
“Regularly features” with respect to an adult theater or adult cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occur on two or more occasions within a sixty-day period, three or more occasions within a one-hundred-eighty-day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.
“School,” as used in this chapter, is any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.
“Semi-nude” means a state of dress in which clothing covers no more than male genitals, pubic region and buttocks as well as female genitals, pubic region, buttocks, areola of the breast, as well as portions of the body covered by supporting straps or devices.
“Specified anatomical areas” means and includes any of the following:
1. Less than completely and opaquely covered human: (a) genitals or pubic region; (b) buttocks; or (c) female breast below a point immediately above the top of the areola;
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered;
3. Any device, costume or covering that simulates any of the body parts included in subsections (1) or (2) of this definition.
“Specified sexual activities” means and includes any of the following, whether performed directly or indirectly through clothing or other covering:
1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;
2. Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;
3. Masturbation, actual or simulated;
4. Excretory functions as part of or in connection with any of the other activities described in subsections (1) through (3) of this definition.
Time Limits. All time limits referenced as day(s) shall be calendar day(s). (Ord. 2012-03 § 2 (part), 2012; Ord. 2008-05 § 1 (part), 2008: Ord. 98-2 § 2 (part), 1998)
17.76.030 Minimum proximity requirements.
No adult-oriented business shall be established or located in any zone in the city other than M-1 and M-2 with a CUP, or within certain distances of certain specified land uses or zones as set forth below:
A. No such business shall be established or located within five hundred feet of any other adult-oriented business.
B. No such business shall be established or located within five hundred feet from any existing residential zone or use, park, church, school, hospital and public buildings and property.
C. The distances set forth above shall be measured as a radius from the primary entrance of the adult-oriented business to the property lines of the property so zoned or used without regard to intervening structures. (Ord. 2008-05 § 1 (part), 2008: Ord. 982 § 2 (part), 1998)