Chapter 17.84
ADULT ENTERTAINMENT ESTABLISHMENTS
Sections:
17.84.010 Adult entertainment establishments.
17.84.010 Adult entertainment establishments.
A. Adult Entertainment Establishments. The following businesses or facilities are referred to as “adult entertainment establishments”:
1. “Adult book stores” means a retail establishment in which:
a. Twenty-five percent or more of the stock in trade consists of books, magazines, posters, pictures, periodicals or other printed material; distinguished or characterized by a predominant emphasis on matters depicting, describing or related to “specified sexual activities,” as defined in the SWMC. “Stock in trade” for the purpose of this chapter means the total volume of shelf space and display area.
b. Any person is excluded by virtue of age from all or part of the premises generally held open to the public where books, magazines, posters, pictures, periodicals, or other predominant emphasis on matters depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” as defined in the SWMC, are displayed or sold.
2. “Adult cabaret” means a commercial establishment, including public or private clubs, restaurants, bars, taverns or saloons which presents topless dancers, strippers, male or female impersonators, or similar entertainers, or allows “specified sexual activities” or exposure of “specified anatomical areas” as defined in the SWMC, and which excludes any person by virtue of age from all or any portions of the premises.
3. “Adult drive-in theater” means a drive-in theater where at least twenty-five percent of the use is used for presenting motion picture films, video cassettes, cable television, or any other visual media, distinguished or characterized by a predominant emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas,” as defined in the SWMC.
4. “Adult entertainment” and “adult entertainment premises” mean any enterprise from which minors are excluded and which sells, rents or displays sexually explicit matter, including, but not limited to, adult bookstores, adult magazine stores, stores selling sexually oriented adult games or devices, adult motion picture theaters, adult peep shows, establishments where nude or topless dancing or their displays regularly occur or other similar business.
5. “Adult motion picture theater” means an enclosed building where at least twenty-five percent of the use is used for presenting, for commercial purposes, motion picture films, video cassettes, cable television, or any other visual media, distinguished or characterized by a predominant emphasis on matters depicting, describing or relating to “specified sexual activities” or “specified anatomical areas,” as defined in the SWMC for observation by patrons therein.
6. “Adult retail store” means a retail establishment in which:
a. Twenty-five percent or more of the stock in trade consists of items, products or equipment distinguished or characterized by a predominant emphasis or simulation of “specified sexual activities” or “specified anatomical areas” as defined in the SWMC; or
b. Any person is excluded by virtue of age from all or part of the premises generally held open to the public where products or equipment distinguished or characterized by a predominant emphasis or simulation of “specified sexual activities” or “specified anatomical areas” as defined in the SWMC are displayed or sold.
7. “Adult video store” means a retail establishment in which:
a. Twenty-five percent or more of the stock in trade consists of prerecorded video tapes, discs, or similar material distinguished or characterized by a predominant emphasis on material depicting, describing or relating to the “specified sexual activities” or “specified anatomical areas,” as defined in the SWMC.
b. Any person is excluded by virtue of age from all or part of the premises generally held open to the public where prerecorded video tapes, discs, or similar material distinguished or characterized by a predominant emphasis on matters depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” as defined in the SWMC are displayed or sold.
8. “Specified anatomical areas” means and includes the following:
a. Less than completely and opaquely covered:
i. Human genitals, pubic region,
ii. Buttock,
iii. Breast below a point immediately above the top of the areola;
b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
9. “Specified sexual activities” means and includes all of the following:
a. Human genitals in a state of sexual stimulation or arousal;
b. Acts of masturbation, sexual intercourse or sodomy;
c. Fondling or other erotic touching of human genitals, pubic region, buttock or breast. (Ord. 1309-98 § 2, 1998)
17.84.020 Building facades.
The facade of any adult entertainment establishment shall consist of solid materials or windows with opaque covering so as not to allow observation of inside activities from adjoining properties or rights-of-way. (Ord. 1309-98 § 3, 1998)
17.84.030 Signage.
A. Signage shall be governed by the dimension requirements of Chapter 17.40 SWMC.
B. On-premises signs will be subject to design review per Chapter 15.44 SWMC and must conform to Chapter 17.40 SWMC.
C. Off-premises signs shall be governed by Chapter 17.40 SWMC. (Ord. 2032-22 § 20, 2023; amended during 10/07 supplement; Ord. 1309-98 § 4, 1998)