Chapter 20.49
ADULT ENTERTAINMENT FACILITY LOCATIONAL RESTRICTIONS
Sections:
20.49.030 Adult entertainment facility locational restrictions.
20.49.040 Adult entertainment facility sign and display regulations.
20.49.050 Chapter nonexclusive.
20.49.010 Purpose and intent.
It is the purpose of this chapter to regulate the location of adult entertainment facilities and related activities to promote the health, safety, morals and welfare of the citizens of the city of Sumas, and to prevent the deleterious secondary effects of these facilities on the community. It is not the intent of this chapter to impose any limitation or restrictions on the content of any communicative materials nor to restrict nor deny access by adults to adult entertainment protected by the State or Federal Constitutions, or to deny access of the distributors and exhibitors of adult entertainment to the market. Nor is it the intent of this chapter to condone or legalize the distribution of obscene materials. (Ord. 1203 (part), 1997)
20.49.020 Definitions.
The following words and phrases, as used in this chapter, shall have the following meanings:
“Adult entertainment facilities” means any of the following:
(1) Adult arcade: An establishment to which the public is permitted or invited where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image-producing ma chines arranged or situated for viewing of the image produced thereby by five or fewer persons each, are regularly used to show films, motion pictures, video cassettes, slides or other photographic reproductions, which are characterized by the depiction of “specified sexual activities” or “specified anatomical areas.”
(2) Adult cabaret: A night club, bar, restaurant, theater, hall, studio, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features persons who appear nude or live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities.”
(3) Adult motion picture theater: A commercial establishment which does not fall within the definition of adult arcade above, where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photo graphic reproductions, which are characterized by the depiction of “specified anatomical areas” or “specified sexual activities” are regularly shown.
(4) Adult motel: A hotel, motel, or similar commercial establishment which regularly:
(A) Offers accommodations to the public for any form of consideration, and regularly provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions, which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas,” and has a sign visible from a public right-of-way which advertises the availability of this adult type of photographic reproductions; or
(B) Offers a sleeping room for rent for a period of time that is less than ten hours; or
(C) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.
(5) Adult bookstore: A retail establishment in which:
(A) Five percent or more of the “stock in trade” consists of printed matter, video tapes, discs, films, pictures or other material or paraphernalia distinguished or characterized by an emphasis on matter depicted, describing or relating to “specified anatomical areas” or “specified sexual activities”; or
(B) Any persons are excluded by virtue of age from all or any portion of the premises generally held open to the public where the books, magazines, posters, pictures, periodicals or other printed material described in the foregoing subsection are displayed or sold.
(6) Adult video store: A retail establishment in which:
(A) Five percent or more of the “stock in trade” consists of prerecorded video tapes, discs or similar material distinguished or characterized by predominant emphasis on matter depicting, describing or relating to “specified anatomical areas” or “specified sexual activities”; or
(B) Any persons are excluded by virtue of age from all or any portion of the premises generally held open to the public where goods or materials described in the foregoing subsection are displayed or sold.
(7) Adult retail store: A retail establishment in which:
(A) Five percent or more of the “stock in trade” consists of items, products or equipment distinguished or characterized by predominant emphasis or simulation of “specified anatomical areas” or “specified sexual activities”; or
(B) Any persons are excluded by virtue of age from all or any portion of the premises generally held open to the public where the products or equipment described in the foregoing subsection are displayed or sold.
“Nude” or “state of nudity” means the appearance of less than completely and opaquely covered human buttock, anus, pubic region, male genitals, female genitals, or the female breast below a point immediately above the top of the areolae.
“Specified anatomical areas” means any of the following:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
“Specified sexual activities” means any of the following:
(1) Fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; or
(2) Acts of human sex, actual or simulated, including intercourse, oral copulation, or sodomy; or
(3) Human masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) of this definition.
Stock in Trade. For purposes of this chapter, “stock in trade” means the greater of:
(1) The retail dollar value of all goods held for sale; or
(2) The total volume of shelf space and display area of the establishment. (Ord. 1203 (part), 1997)
20.49.030 Adult entertainment facility locational restrictions.
(a) No adult entertainment facility shall be located within one thousand feet of any of the following uses or areas whether such areas or uses are located within or outside of the city limits:
(1) Public or private primary or secondary schools or facilities owned and operated by such schools;
(2) Day care centers, preschools, nurseries, or other child care facilities;
(3) Public parks, including trails, vistas and other recreational facilities;
(4) Churches, temples, synagogues and chapels;
(5) Public facilities, including, but not limited to libraries, post offices, government offices and courthouses;
(6) Residential, day treatment or workshop facilities primarily oriented to the physically or mentally disabled;
(7) Senior citizens’ service centers or residential facilities with the primary emphasis oriented to senior citizens;
(8) Historic landmarks as formerly designated by city, state or national guidelines;
(9) Taverns or bars where alcoholic beverages are sold and consumed.
The one-thousand-foot distance shall be measured by following a straight, horizontal line between the nearest point on a boundary line upon which there is located any use identified in subsections (a)(1) through (9) of this section to the nearest point of the wall of the building or portion of the building (i.e., a tenant’s space within a multitenant building) used, or proposed to be used, for an adult entertainment facility.
(b) No adult entertainment facility shall be located within five hundred feet of any residentially zoned property.
Such distance shall be measured by following a straight, horizontal line, measured from the nearest point of the wall of the building or portion of the building (i.e., a tenant’s space within a multitenant building) used, or proposed to be used, for an adult entertainment facility and the nearest point on the boundary line of the residentially zoned property.
(c) No adult entertainment facility shall be allowed to locate within five hundred feet of an existing adult entertainment facility measured by a straight, horizontal line, from the nearest point of the wall of the building or portion of the building (i.e., a tenant’s space within a multitenant building) proposed to be used for an adult entertainment facility to the same point of another adult entertainment facility. (Ord. 1203 (part), 1997)
20.49.040 Adult entertainment facility sign and display regulations.
The following sign and display regulations apply to all adult entertainment facilities:
Each adult entertainment facility shall be limited to one sign, flush against the wall of the building, not to exceed one hundred square feet. There shall be no pictorial or graphic symbols on the sign, on any portion of the building, or in any window display visible to the public. Revolving, moving and flashing signs are prohibited. Inflatable signs, banners, private flags, streamers, twirlers, balloons, advertising search lights and flares are prohibited. Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying the sign are prohibited. No signs shall extend higher than the top of the wall or parapet of the building and shall not be higher than twenty-five feet. Roof signs are prohibited. Informational material on the outside of the building and in the window displays visible to the public, including the sign, is limited to the name and address of the business, identification of the establishment as an adult entertainment establishment, and the days and hours of operation. (Ord. 1203 (part), 1997)
20.49.050 Chapter nonexclusive.
The provisions of this chapter are in addition to all other regulations, statutes and ordinances, whether now existing or hereafter adopted. Any adult entertainment facility shall be required to comply with the provisions of this code and all other laws applicable to such an establishment. (Ord. 1203 (part), 1997)
20.49.060 Severability.
If any portion of this chapter, or its application to any person or circumstance, is held invalid, the validity of the chapter as a whole, or any other portion thereof, and its application to any other persons or circumstances, shall not be affected. (Ord. 1203 (part), 1997)