Chapter 18.53
ADULT ENTERTAINMENT ESTABLISHMENTS
Sections:
18.53.06 Permitted Adult Entertainment Establishments
18.53.10 Waiver of Location Provisions
18.53.12 General Requirements for Adult Businesses
18.53.14 Special Requirements for Adult Arcades
18.53.16 Special Requirements for Adult Businesses with Live Entertainment
18.53.18 Application for Adult Live Entertainment Permit
18.53.20 Required Findings for Adult Live Entertainment Permit Approval
18.53.22 Suspension and Revocation
18.53.02 Purpose and Intent
It is the purpose and intent of this ordinance to prevent Community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods that can be brought about by the concentration of adult businesses in proximity to each other or in proximity to other incompatible uses such as schools, parks, religious institutions, and residentially-zoned districts or uses. Special regulation of these businesses is necessary to prevent these adverse effects and the blighting or degradation of the neighborhoods in the vicinity of the adult business. It is also the purpose of this ordinance to regulate adult businesses in order to promote the health, safety, and general welfare of the citizens of the City. The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult materials. Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by adults to adult materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult entertainment to their intended market.(Ord. 815, 2003)
18.53.04 Definitions
For the purpose of this chapter, the following definitions shall apply:
(1) Adult Entertainment Establishment. This term is defined to include each and every one of the following described uses:
(a) Adult Business. Any business establishment, entity or concern which as a regular and substantial course of conduct performs or operates as an adult bookstore, or adult video store, adult theater, adult motion picture theater, adult cabaret, adult motel/hotel, adult arcade, or any other business, entity or concern which as a regular and substantial portion of its business offers to its patrons products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matter or activity depicting, describing or relating to specified sexual activities or specified anatomical areas but not including those uses or activities, the regulation of which is preempted by state law. Adult business shall also include any establishment that as a regular and substantial course of conduct provides or allows performers, models or employees to appear in any public place dressed only in lingerie.
(b) Adult Bookstore. An establishment which as a regular and substantial course of conduct engages in the sale, rental or viewing for any form of consideration any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, sculptures, motion pictures, video cassettes, DVDs, CD-ROMs, slides or other visual representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
(c) Adult Hotel or Motel. A hotel or motel or similar business establishment offering public accommodations for any form of consideration which either:
(i) Provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, CD-ROMs, DVDs, or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, and advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to newspapers, magazines, pamphlets, leaflets, radio or television;
(ii) Rents, leases or lets any room for less than a six-hour period;
(iii) Rents, leases or lets any single room more than twice in a twenty-four hour period;
(iv) Allows a tenant or occupant to sub-rent a guest room for a time period less than ten hours.
(d) Adult Mini-Motion Picture Theater. An enclosed building with a capacity of less than fifty persons used for presenting material distinguished or characterized by a more than incidental or occasional portrayal of matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
(e) Adult Arcade. An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, virtual reality entertainment centers or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides, DVDs, CD-ROMs, or other photographic reproductions, either real, digital, or computer-generated, which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
(f) Adult Motion Picture Theater. An enclosed building with a capacity of fifty or more persons used primarily for presenting material distinguished or characterized by more than an incidental or occasional portrayal of matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
(g) Cabaret. A nightclub, restaurant, theater, or other establishment which features live performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by more than an incidental or occasional portrayal of specified sexual activities or specified anatomical areas.
(h) Figure Model Studio. Any premises or mobile facility where there is conducted the business or transaction of furnishing, providing or procuring figure models who pose for the purpose of being observed or viewed by any person, or being sketched, painted, drawn, sculptured, photographed, filmed, videotaped, or otherwise similarly depicted in the nude before persons who pay a fee, or any other thing of value, as consideration, compensation or gratuity, for the right or opportunity to so observe a figure model, or for admission to, permission to or as a condition of, remaining on the premises. “Figure model studio” does not include any studio or classroom that is operated by any public agency, or any public or private educational institution authorized under California Education Code Section 94300 et seq., to issue and confer a diploma or degree.
(i) “Specified sexual activities” shall include any of the following:
(i) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(ii) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, and sodomy;
(iii) Masturbation, whether actual or simulated;
(iv) Excretory functions as part of or in connection with any of the activities set forth in (i) through (iii) above; or
(v) Striptease, or the removal of clothing, or the wearing of transparent or diaphanous clothing, including mannequins or live models dressed only in lingerie or other coverings to the point where specified anatomical areas are exposed or shown.
(j) “Specified anatomical areas” as used in this chapter means and includes any of the following:
(i) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola; or
(ii) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
18.53.06 Permitted Adult Entertainment Establishments
Any adult entertainment establishment not specifically permitted by the provisions of this section shall be prohibited until such time that this section may be amended to permit such establishment. The establishments specifically permitted are as follows:
(1) Adult bookstore
(2) Adult hotel or motel
(3) Adult mini-motion picture theater
(4) Adult arcade
(5) Adult motion picture theater
(6) Cabaret
(7) Figure model studio
All permitted adult entertainment establishments shall comply with all regulations and provisions of this chapter except as otherwise provided in this chapter. Nothing in this chapter shall be construed as permitting any activity otherwise prohibited by state or local law.
18.53.08 Permits and Location
(1) No person, whether as a principal or agent, clerk or employee, either for himself or any other person, or as an officer of any corporation, or otherwise shall place, maintain, own or operate any permitted adult entertainment establishment without first obtaining, among other required City approvals, a conditional use permit pursuant to Chapter 18.45 of the Norco Municipal Code.
(2) No adult entertainment establishment shall be established in the following locations:
(a) In any Residential or Agricultural Zone in the City of Norco.
(b) Within 1,000 feet of any residential or agricultural zone in the City of Norco.
(c) Within 1,000 feet of any parcel of real property on which is located any of the following uses: a school attended by minors; a church which conducts religious services and education classes attended by minors; or a public institution, park or recreation facility (whether public or private) frequented by minors.
(d) Within 1,000 feet of any other adult entertainment establishment.
(e) Within 250 feet of any business involving the on-premises sale of liquor or alcoholic beverages.
(3) The measure of referenced distance in this paragraph shall be in a straight line from the nearest property line containing the adult use to the nearest property line of an affected use without regard to intervening structures.
18.53.10 Waiver of Location Provisions
The Planning Commission may waive the strict spacing requirement pursuant to paragraph (2) above if all the following additional conditions are met:
(1) That a petition validated by the City Clerk containing the signature of 66 percent of the total of the owners of record, holders of business licenses and residents within the specified distances set forth in paragraph (2) above is presented to the Planning Department indicating support of the proposed establishment. For purposes of this chapter, a “resident” means any individual who has been a registered voter within the prescribed area for 30 days prior to said individual having signed any such petition;
(2) That all of the following additional findings are made:
(a) The proposed use will not interfere with any program of neighborhood preservation or revitalization,
(b) The proposed use will not interfere with any governmental program of general urban redevelopment,
(c) The proposed use will not be contrary to the spirit and intent of this chapter,
(d) The possible harm created by the proposed use is outweighed by its benefits,
(e) All other applicable regulations and provisions of this Code will be observed by the proposed use.
18.53.12 General Requirements for Adult Businesses
In addition to the base zone requirements governing use and minimum development standards, the following additional requirements shall be met by all adult entertainment establishments:
(1) Said use shall have a separate business entrance adjacent to the required parking area and no other non-adult use shall be permitted in the same building space while used as an adult entertainment establishment.
(2) The Planning Commission shall review for approval, all signing and architectural graphics proposed.
(3) Maximum occupancy load, fire exits, aisles, and fire equipment shall be regulated, designed and provided in accordance with the Fire Department and Building and Safety Division Regulations and Standards.
(4) All building openings, entries, windows, etc., shall be located, covered, or screened in such a manner as to prevent a view into the interior from outside the building.
(5) Lighting shall be required which is designed to illuminate all exterior grounds including off-street parking areas to a minimum of two foot-candles serving such use for the purpose of increasing the personal safety of store patrons and reducing the incidence of vandalism and theft. Said lighting shall be shown on the required plot plans and shall be reviewed and approved by the Department of Community Development.
(6) No loudspeakers or sound equipment shall be used by an adult entertainment establishment for the amplification of sound to a level discernible by the public beyond the walls of the building in which such use is conducted.
(7) The building entrance to the adult use shall be clearly and legibly posted by a notice indicating that minors are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the Director of Community Development.
(8) Except as specifically provided in this chapter, the adult business shall comply with all other zoning, parking, development and design standards applicable to the zone in which the business is located.
(9) The facility shall be operated by a person with a valid adult business license at all times.
(10) The adult business shall not be located, in whole or in part, within any portable structure.
(11) No adult business shall be open or operating during the hours from 10 p.m. to 8 a.m.
(12) No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times. Such opaque covering shall be subject to approval of the Director of Community Development.
(13) All indoor areas of the adult business within which patrons are permitted, except restrooms, shall be open to view at all times.
(14) The adult business shall provide and maintain separate restroom facilities for male patrons and employees and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from any adult material. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this subsection shall not be applicable to an adult business which deals exclusively with sale or rental of adult material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its patrons or the general public.
18.53.14 Special Requirements for Adult Arcades
(1) Upon application for an adult arcade, the applicant shall provide a floor plan of the premises showing a plan thereof specifying the location of one or more manager’s station(s), the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station(s) may not exceed 28 square feet of floor area with no dimension greater than seven feet. The diagram shall also designate the place at which the adult business license will be conspicuously posted.
(2) No alteration in the configuration or location of a manager’s station(s) may be made without the prior approval of the Planning Commission.
(3) It shall be the duty of the owner(s) to ensure that at least one employee is on duty and situated at each manager’s station(s) at any time that a patron is present inside the adult arcade.
(4) The interior of the adult arcade shall be configured in such a manner that there is an unobstructed view from at least one manager’s station of every area of the adult arcade to which any patron is permitted access for any purpose, excluding restrooms. The view required in the subsection must be by direct line of sight from the manager’s station.
(5) It shall be the duty of the owners and all employees present at the adult arcade to ensure that the individual viewing area specified in subsection (6) of this section remains unobstructed by any doors, walls, persons, merchandise, display racks, or other materials at all times and to ensure that no patron is permitted access to any area of the adult arcade which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (1) of this section.
(6) No individual viewing area may be occupied by more than one person at any one time. “Individual viewing area” means a viewing area designed for occupancy by one person. Individual viewing areas of the adult arcade shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two or more individual viewing areas.
(7) No individual viewing area shall contain booths, stalls, or partitioned portions to be used for the viewing of adult material or other forms of entertainment, unless such individual viewing areas containing booths, stalls or partitioned portions have at least one side open to the manager’s station and visible to such manager’s station. Any booth, stall or partitioned portion of an individual viewing area authorized under this subsection shall be constructed so as to allow 12 inches of open space between the bottom of the stall or partition and the floor. Such open space shall remain unobstructed at all times.
(8) The floors, seats, walls and other interior portions of all partitioned booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booths shall be evidence of improper maintenance and inadequate sanitary controls; repeated instances of such conditions may justify suspension or revocation of the owner and operator’s license to conduct the adult business.
18.53.16 Special Requirements for Adult Businesses with Live Entertainment
(1) No person shall perform live entertainment for patrons of an adult business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least six feet from the nearest area occupied by patrons, and no patron shall be permitted within six feet of the stage while the stage is occupied by an entertainer. “Entertainer” means any person who is an employee or independent contractor of the adult business, or any person who, without any compensation or other form of consideration, performs live entertainment for patrons of an adult business.
(2) The adult business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers’ use.
(3) The adult business shall provide an entrance/exit to the adult business for entertainers which is separate from the entrance/exit used by patrons.
(4) The adult business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult business shall provide a minimum four-foot wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.
(5) Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between entertainers and patrons required by this section.
(6) No entertainer, before, during, or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer.
(7) The adult business shall install and maintain security cameras to monitor activities in the interior and on the parking lot and areas surrounding the building. The adult business shall maintain tapes for 30 days and the equipment shall be maintained in good working order.
18.53.18 Application for Adult Live Entertainment Permit
Applicants for entertainment permits shall file a written, signed and verified application with the Director of Community Development showing:
(1) The name and permanent address of applicant;
(2) The name and proposed business address of the applicant. If the applicant is a corporation, the name shall be exactly as set forth in its article of incorporation and the applicant shall show the name and residence address of each of the officers, directors, and each stockholder owning not less than 25 percent of the stock of the corporation. If the applicant is a partnership, the application shall show the name and residence address of each of the members, including limited partners;
(3) A detailed description of the proposed entertainment, including type of entertainment and number of persons engaged in the entertainment;
(4) Days and hours of proposed entertainment and a floor plan showing where the specific entertainment uses are proposed to be conducted within the building and the admission fee, if any, to be charged;
(5) The name or names of the person or persons having the management or supervision of applicant’s business and of any entertainment;
(6) A statement of the nature and character of applicant’s business, if any, to be carried on in conjunction with such entertainment;
(7) The application shall be sworn to be true and correct by the owner(s) under penalty of perjury.
18.53.19 Investigation
After the application for an Adult Live Entertainment Permit has been filed with the Director of Community Development, he shall cause an investigation to be made of the applicant through the Riverside County Sheriff’s Department. After the investigation is completed, the application shall be set for a hearing.
18.53.20 Required Findings for Adult Live Entertainment Permit Approval
(1) Prior to approving any adult entertainment establishment the following findings must be made:
(a) The requested use is in compliance with the provisions of this Chapter.
(b) The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use.
(c) The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area.
(d) That the conduct of entertainment, as proposed by the applicant, if permitted will comply with all applicable laws, including but not limited to the City’s Building, Health, Zoning and Fire Regulations.
(e) The applicant has not knowingly made any false, misleading or fraudulent statement of facts in the permit application, or any other document required by the City in conjunction therewith.
18.53.22 Suspension and Revocation
The Planning Commission may suspend or revoke any use pursuant to the provisions of this Chapter if it is found that any of the following conditions exist:
(1) The operation as conducted by the permittee does not comply with all applicable laws, including, but not limited to, the City’s Building, Health, Zoning and Fire Regulations as set forth in this code; or
(2) The permittee or manager has knowingly made any false, misleading or fraudulent statement of fact in the application for a permit;
(3) The permittee, manager, or any employee or agent of the permittee or manager has violated any provision of this Chapter pertaining to the adult entertainment establishment in question;
(4) That the permittee, manager, or any employee of the permittee or manager, knowingly allows any minor into the establishment.
(5) That the approved use has been expanded without Planning Commission approval; or that the approved use has been partially or wholly converted to another adult entertainment establishment without Planning Commission approval.