Chapter 17.27
ADULT BUSINESSES AND MASSAGE THERAPISTS*

Sections:

17.27.010    Legislative findings and determination.

17.27.020    Definitions.

17.27.030    Location of adult businesses.

17.27.040    Use permit for adult businesses.

17.27.050    Use permit and location of massage therapist businesses.

*    Prior ordinance history: Ord. 89-3.

17.27.010 Legislative findings and determination.

The city council makes the following findings regarding the establishment of adult businesses:

A.    Certain uses of real property, variously described as adult bookstores, adult motion picture facilities, figure model studios, adult cabarets, adult motels and massage parlors have serious objectionable characteristics which, if such uses were allowed to become concentrated in certain areas of the city, may have adverse effects upon the character of such areas and adjacent neighborhoods.

B.    Permitting the concentration of adult businesses may tend to create and foster a skid-row atmosphere in neighborhoods and areas within the city.

C.    Permitting the concentration of such adult businesses in residential zones, or in zones adjacent to schools, churches, or public recreational areas, or within close proximity of such uses, may expose minors to such facilities and this may adversely affect such minors due to their immaturity.

D.    Special regulation of adult business uses is necessary to insure that such uses do not become incompatible land uses and, further, will not contribute to the blighting or downgrading of zones in which they are permitted, therefore, adversely affecting property values and deterring or interfering with the development and operation of other businesses within the city.

E.    There is a higher incidence of crime, especially crimes against the person, in areas in which adult businesses are permitted to cluster or become concentrated, and that such crimes and the incidence thereof increase in the late evening and night hours, requiring increased effort on the part of the public safety personnel to police such activities, with resultant costs to the city. (Zoning ordinance dated 7/94 (part), 1994)

17.27.020 Definitions.

For the purpose of this chapter, the following definitions shall apply, unless the context otherwise requires:

“Adult bookstore” means an establishment in which fifty percent or more of either its floor area, inventory or monthly sales is devoted to stock, books, magazines, or other periodicals, films, videotapes, video discs, or other such electronic, magnetic, or other means of creating a moving image upon any screen, television, or other device, peep shows or other similar devices designed for use in individual viewing of films on the premises, which books, magazines, periodicals, films, videotapes, video discs, or other means, peep shows or similar devices are substantially devoted to the depiction of specified sexual activities or specified anatomical areas as defined herein.

“Adult businesses” means adult bookstore, adult motion picture facility, figure model studio, adult motel, adult cabaret, or massage establishment. However, a massage therapist business as defined in this section shall be excluded from the definition of adult businesses.

“Adult cabaret” means an establishment which features topless-bottomless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.

“Adult motels” means any establishment designated as or having the characteristics of a hotel, motel, or other transient lodging facility which has or proposes to have as a feature or service offered to its customers the presentation or entertainment in the form of motion picture film, videotape, closed circuit television, or any other similar means or device which is substantially similar thereto and provided for the purpose of displaying, showing or depicting specified anatomical areas, as defined in this section for observation or viewing by persons who are customers of such establishments. This section shall apply whether charge is made or consideration exchanged for the use of rooms within such establishments for overnight accommodations or for short-term admission to view the material above described.

“Adult motion picture facility” means a facility used for presenting, whether by way of motion picture projection or television or video equipment, or peep show device, material distinguished or characterized by an emphasis on matter depicting, describing or related to specified sexual activities or specified anatomical areas for observation by patrons therein, whether in one or more auditoriums, drive-in theaters, booths or rooms within such facility.

“Figure model studio” means any premises where there is conducted the business of furnishing, providing or procuring figure models who pose for the purpose of being observed, conversed with, or viewed by any person or of being sketched, painted, drawn, sculptured, photographed, or otherwise similarly depicted in the nude or seminude for persons who pay a fee, or other consideration, compensation or gratuity, for the right or opportunity to converse with or so depict a figure model, or for admission to, or for permission to remain, or as a condition of remaining, upon the premises. Figure model studio does not include, for purposes of this definition, any studio which is operated by any state college, junior or community college, public or private school, or any governmental agency wherein the person, firm, association, partnership or corporation so operating has met the requirements established by the state for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma or honorary diploma.

“Massage” means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating, the external parts of the human body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliance, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments or other similar preparations commonly used in the practice of massage. Exemptions listed in Section 5.36.100 of this code are excluded from this definition of massage.

“Massage establishment” means any establishment having a fixed place of business where any individual, firm, association, partnership or corporation engages in, conducts, carries on or permits to be engaged in, conducted or carried on, for any form of consideration whatsoever, “massages” as defined in this section.

“Massage therapist” means a person who can submit a diploma or certificate of graduation from a five hundred-hour resident course of instruction from a recognized school of massage as defined in this section or who can submit diplomas, certificates, or other evidence demonstrating five hundred hours of cumulative education consisting of a three hundred-hour resident course of instruction from a recognized school of massage and two hundred additional hours of resident instruction from an existing school or institution of learning outside the state of California together with a copy of the school’s approval by its State Board of Education and a certified transcript of the applicant’s school records showing date of enrollment, hours of instruction and graduation from a course having at least a minimum requirement prescribed by Title 5, Division 21, of the California Administrative Code; wherein the theory, method, profession and work of massage is taught.

“Massage therapist business” means a massage establishment in which all massage practitioners have demonstrated to the city that they qualify and meet the definition of massage therapist in this section.

“Recognized school of massage” means any school or institution of learning which teaches the theory, ethics, practice, profession or work of massage, which has been approved pursuant to the California Education Code. Schools offering a correspondence course not requiring attendance shall not be deemed a recognized school. The city shall have a right to confirm that the applicant has actually attended class in a recognized school.

“Specified anatomical areas” means:

1.    Less than completely and opaquely covered:

a.    Mature human genitals,

b.    Mature human buttock, and

c.    Mature human female breast below a point immediately above the top of the areola;

2.    Human male genitals in a discernibly turgid state, even if completely or opaquely covered.

“Specified sexual activities” means:

1.    Mature human genitals in a state of sexual stimulation or arousal;

2.    Acts of human masturbation, sexual intercourse or sodomy;

3.    Fondling or other erotic touching of human genitals, pubic region, buttock or female breast. (Zoning ordinance dated 7/94 (part), 1994)

17.27.030 Location of adult businesses.

Adult businesses, as defined in this chapter, shall only be permitted in the C-2, general commercial zoning district, and in that district shall only be permitted subject to first obtaining a use permit. In all other zoning districts, adult businesses are a prohibited use.

A.    No adult business shall be located within a radius of one thousand feet from any parcel of real property upon which is located any of the following:

1.    A public or private school attended primarily by minors;

2.    A church which conducts religious education classes for minors;

3.    A public park or recreation facility frequented or utilized by minors, including but not limited to public parks, beaches and recreation centers.

B.    No adult business shall be located within four hundred feet of any residential zone in the city.

C.    No adult business shall be located within one thousand feet of any other adult business. (Zoning ordinance dated 7/94 (part), 1994)

17.27.040 Use permit for adult businesses.

Any adult business, the location of which is otherwise permitted under this chapter, shall be a use subject to first obtaining a use permit, as defined in Chapter 17.48 of code, subject to the following criteria:

A.    That the proposed use will not be contrary to the public health, peace, safety, morals, comfort and general welfare of persons residing or working in the zone or district in which the use is proposed;

B.    That the proposed use will not result in creating a skid-row atmosphere in zones or districts in which it is proposed;

C.    That the proposed use will not be contrary to any program of neighborhood conservation, nor interfere with any economic development program of urban renewal in the zones or districts in which it is proposed. (Zoning ordinance dated 7/94 (part), 1994)

17.27.050 Use permit and location of massage therapist businesses.

Any massage therapist business shall be a use subject to first obtaining a use permit, as defined in Chapter 17.48 of this code. Said businesses shall be permitted in the C-2 zone subject to the planning commission or city council on appeal making the required findings for and granting a use permit. However, said businesses may also be permitted in the C-1 and PC zones should the planning commission or city council on appeal still be able to make the required findings for and grant a use permit upon a greater level of scrutiny than would be applied in the C-2 zone. (Zoning ordinance dated 7/94 (part), 1994)