Chapter 5.08
ADULT BUSINESSES
Sections:
5.08.030 Prostitution prohibited.
5.08.040 Other adult entertainment businesses prohibited.
5.08.050 Knowing rental of premises for illegal operations prohibited.
5.08.060 Violation—Designated nuisance—Abatement.
5.08.010 Definitions.
The terms “adult business” and “adult entertainment business,” as used in this chapter, are intended to be synonymous and include a house of prostitution, an adult movie house or any other movie house or other place, either indoor or outdoor, showing X-rated movies for a consideration of any kind, a massage parlor, a topless bar or a bottomless bar or any combination thereof, an adult bookstore, an adult novelty or adult notion store, an adult escort service and similar types of business; any such business is a “privileged business” as that term is used in this code and is thereby subject to any terms or conditions applied to all privileged businesses. (Ord. 6-26-80 § 1(1))
5.08.020 Applicability.
A. The provisions of this chapter do not apply to any place, property, structure or building, or to any person therein, if the place, property, structure or building is situated in an incorporated city.
B. The provisions of this chapter do not apply to any place, property, structure or building, or to any person therein, if the place, property, structure or building is situated in an area duly zoned “X,” as that zone is defined and provided for in Title 17 HCC and, in addition thereto, such place, property, structure or building and the owner, the lessee and the operator thereof have been duly licensed under this title; provided, however, that in the event that, at any time in the future, there shall exist no ordinance providing for the creation of an “X” zone or the ordinance creating such “X” zone has been declared invalid for any reason, or in the event that, at any time in the future, there shall exist no ordinance specifically providing for the licensing and regulation of prostitution and other types of adult entertainment business or the ordinance providing for such licensing and regulation has been declared invalid for any reason, then this subsection containing exceptions to this chapter shall have no effect and the exception provided herein shall cease for so long as there is no such valid ordinance or ordinances. (Ord. 6-26-80 § 1(4, 5))
5.08.030 Prostitution prohibited.
Except as provided in HCC 5.08.020(B), it is unlawful for any person in the unincorporated portions of Humboldt County:
A. To aid, offer or agree to commit, or to commit, any act of prostitution;
B. To offer to secure, or to secure, another for the purpose of committing any act of prostitution; and
C. Knowingly to transport any person to any unlicensed place in the unincorporated areas of the county, where such person may commit or for the purposes of committing any act of prostitution. (Ord. 6-26-80 § 1(2)(A))
5.08.040 Other adult entertainment businesses prohibited.
Except as provided in HCC 5.08.020(B), it is unlawful for any person in the unincorporated portions of Humboldt County to conduct, operate or in any way to maintain any adult movie house or any other movie house or other place, either indoor or outdoor, showing X-rated movies for a consideration of any kind, or any bottomless bar or any combination thereof, any adult bookstore, any adult novelty or adult notion store, any adult escort service or any similar type of adult entertainment business. (Ord. 6-26-80 § 1(2)(B))
5.08.050 Knowing rental of premises for illegal operations prohibited.
Except as provided in HCC 5.08.020(B), it is unlawful for any person in the unincorporated portions of Humboldt County knowingly to rent, lease or otherwise contract or make available any place, structure or building for the purpose of conducting, operating or in any way maintaining any house of prostitution or any other type of adult entertainment business prohibited in this chapter, or in any other way to aid, abet or participate in the doing of any of the acts prohibited by this chapter. (Ord. 6-26-80 § 1(2)(C))
5.08.060 Violation—Designated nuisance—Abatement.
The violation of any of the provisions of this chapter is declared to be and to constitute a nuisance, which, upon complaint by any property owner or resident of the county, shall be dealt with in accordance with the laws concerning nuisances, complaints thereof, hearing thereon and abatement thereof. (Ord. 6-26-80 § 1(6))
5.08.070 Violation—Penalty.
Any person who violates any of the provisions of this chapter is guilty of a misdemeanor. (Ord. 6-26-80 § 1(3))