Chapter 17.24
ADULT RELATED BUSINESSES
Sections:
17.24.020 Location of adult related businesses.
17.24.030 Development and operational standards.
17.24.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meaning ascribed to them in this section.
“Adult live entertainment theater” means any place, building, enclosure or structure, partially or entirely used for “live adult entertainment,” as defined in this section, performances or presentations characterized by an emphasis on depicting, exposing, displaying, or describing or relating to “specified sexual activities,” “specified anatomical areas” or men and/or women in a “state of nudity” or “state of partial nudity” for observation by patrons or customers therein. “Live adult entertainment” means any physical human body activity, whether performed or engaged in alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which the performer(s) expose to public view without opaque covering “specified anatomical areas” or appear in a “state of nudity” or a “state of partial nudity” for any form of consideration.
“Adult motion picture” or “video arcade” means any business where coin, paper, note, or token-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to four or fewer persons per machine, at any one time, and where the predominant character or theme of the images so displayed is distinguished or characterized by its emphasis on matters depicting, or relating to “specified sexual activities,” “specified anatomical areas” or men and/or women in a “state of nudity” or “state of partial nudity.” For purposes of this chapter, motion pictures receiving up to an “NC17” rating from a generally recognized movie rating organization shall not be deemed to be included in the definition of an adult motion picture or video arcade.
“Adult motion picture theater” means any business, other than a hotel or motel which regularly provides closed-circuit viewing to each individual room as a secondary service to its hotel or motel customers, with the capacity for five or more persons where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions in which the predominant character and theme is distinguished or characterized by its emphasis on matters depicting or relating to “specified sexual activities,” “specified anatomical areas” or men and/or women in a “state of nudity” or “state of partial nudity” as defined in this section, are regularly shown. This includes, without limitation, showing any such slides, motion pictures or videos by means of any video tape system which has a display, viewer, screen, or a television set. For purposes of this chapter, motion pictures receiving up to an “NC17” rating from a generally recognized movie rating organization shall not be deemed to be included in the definition of an adult motion picture theater.
“Adult related business” means any establishment, business or concern which, as a regular course or conduct of the business, offers or engages in the display of “specified anatomical areas,” “specified sexual activity,” or men and/or women in a “state of nudity,” or “state of partial nudity,” as defined in this section, by patrons, employees or anyone on the premises, and includes without limitation the following types of establishments:
1. Adult Related Book and Video Store. An “adult related book and video store” means an establishment, business or concern with more than twenty-five percent of its display area devoted to and offering for sale or rent, stock-in-trade consisting of adult related book and video products, or an establishment where twenty-five percent or more of the retail or wholesale value of merchandise displayed or offered for sale or rent consists of adult related book and video products. The term “adult related book and video products” means books, magazines, periodicals or other printed matter, paintings, sculptures, photographs, drawings, motion pictures, slides, films, tapes, video cassettes, records, DVD, CD-ROM, or other visual or audio representations or any material in digital format, which are characterized by an emphasis upon the depiction or description of “specified sexual activities” or “specified anatomical areas.”
2. Adult Related Sexual Device Store. An “adult related sexual device store” means an establishment, business or concern which sells, rents, displays, exhibits or offers for sale any of the following products:
a. Instruments, devices or paraphernalia which are designed or reasonably intended to be used in connection with “specified sexual activities”; or
b. Goods which are replicas of, or which simulate “specified anatomical areas,” or goods designed or reasonably intended to be placed on or in “specified anatomical areas” or reasonably intended to be used in conjunction with “specified sexual activities.” Such goods include, but are not limited to, devices that are physical representations of the human genital organs, and devices with non-sex related utility being marketed or offered for sale or rent in a manner promoting sexual or sadomasochistic uses, including, but not limited to, leather whips, straps, harnesses, restraints and ligatures.
The following items are expressly not included within the definitions in this section: (1) devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy; (2) candles and incense; (3) body oils, creams and lotions; (4) lingerie, stockings and undergarments; (5) massage devices that are not replicas of human genital organs; (6) health care or personal hygiene products; and (7) food products.
“Chief of police” means the chief of police or his/her designee.
“City manager” means the city manager or his/her designee.
“Employ,” “employee,” and “employment” describe and pertain to any person who performs any service on the premises of an adult entertainment establishment, on a full time, part time, or contract basis, regardless of whether the person is denominated an employee, independent contractor, agent, or otherwise. “Employee” does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
“Establish” means and includes any of the following:
A. The opening or commencement of any adult related business as defined in this section;
B. The conversion of an existing business, whether or not an adult related business, to any adult related business as defined in this section;
C. The relocation of any adult related business; or
D. The addition of any of the “adult related businesses” defined in this section to any other existing adult related business.
“Exceptions.” An “adult related business” shall not include:
A. Bona fide medical establishments operated by properly licensed and registered medical and psychological personnel with necessary medical or professional credentials for the treatment of patients; or
B. Persons depicting “specified anatomical areas” in a modeling class operated:
1. By a college, junior college, or university supported entirely or partially by public revenue;
2. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partially by public revenue; or
3. In a structure operated either as a profit or not-for-profit facility which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing, and where, in order to participate in a class a student must enroll at least three days in advance of the class.
“Figure modeling” or “modeling studio” means any business featuring a live person displaying “specified sexual activities,” “specified anatomical areas” or men and/or women in a “state of nudity” or “state of partial nudity,” as defined in this section, for compensation, whether monetary or any other form of consideration and for the purpose of being observed, sketched, photographed, painted, sculpted, or otherwise depicted. “Figure modeling” or a “modeling studio” does not include an artist studio or similar facility owned, operated or maintained by an individual artist or group of artists which is not open to the public and does not provide, permit or make available for viewing “specified sexual activities” on the premises.
“Nudity” or “state of nudity” means the showing of the human male or female genitals, pubic area or anus, with less than a fully opaque fabric covering, the showing of the female breast with less than a fully opaque fabric covering of any part of the nipple and areola, or the showing of completely or opaquely covered (by fabric) male genitals in a discernibly turgid state.
“Operate” means to own, lease (as lessor or lessee), rent (as landlord or tenant or as agent for the purpose of representing a principal in the management, rental or operation of the property of such principal), manage, conduct, or direct an adult related business.
“Operator” means and includes the owner, custodian, manager or person in charge of any adult related business.
“Partial nudity” means a state of dress in which clothing covers less than the genitals, pubic region, buttocks and nipple, areola and lower portion below the lowest point of the areola of the female breast. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided that the areola is not exposed in whole or in part.
“Regularly features,” “regularly shown,” “regular basis” or “regularly” means a consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the business.
“Religious institution” means any church, synagogue, mosque, temple, or building which is used primarily for religious worship, religious education incidental thereto and related religious activities.
“School” means any public or private educational facility primarily attended by minors, including large family day care homes, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, secondary schools, continuation schools, and special education schools, and includes school grounds.
“Specified anatomical area” includes the following:
A. Less than completely and opaquely covered human genitals, pubic region, anus, and/or the female nipple and breast below a point immediately above the top of the areola; and
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
“Specified sexual activity” includes the following:
A. Actual or simulated sexual intercourse, oral copulation and intercourse oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, sodomy, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, sapphism;
B. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;
C. Human or animal masturbation, sodomy, oral copulation, coitus, ejaculation;
D. Fondling or touching of human genitals, pubic region, buttocks or female breast;
E. Masochism, erotic or sexually oriented torture, beating or the infliction of pain;
F. Erotic or lewd touching, lewd fondling or other lewd contact with an animal by a human being; or
G. Human excretion, urination, menstruation, vaginal or anal irrigations.
“Zoning district” means the zoning designation on the city zoning map or the corresponding designation on the general plan land use map. (Ord. 1031 § 2 (part), 2005; Ord. 999 § 2 (part), 2003)
17.24.020 Location of adult related businesses.
In order to fulfill the purposes of this chapter and to avoid a concentration of adult related business uses, adult related businesses are permitted in the central business (C-2), general commercial (C-3), light industrial (M-1), and general industrial (M-2) zoning districts subject to the following location restrictions. Distance is measured in a straight line from the closest point of the closest property line of an adult related business to the closest point of the closest property line of one of the locations listed below.
A. Adult related businesses shall not be located within one thousand feet of any existing residential zoning district or use whether in the city, in an adjoining city or unincorporated area.
B. Adult related businesses shall not be located within one thousand feet of any religious institution.
C. Adult related businesses shall not be located within one thousand feet of any school site (developed or designated).
D. Adult related businesses shall not be located within one thousand feet of any other existing adult related business.
E. Adult related businesses shall not be located in any temporary or portable structures.
F. Adult related businesses shall not be located within one thousand feet of any public park, or recreational area, or property zoned, planned or otherwise designated for such use by the city, including but not limited to park, playground, nature trails, swimming pool, athletic field or facility, or other similar public land within the city which is under the control, operation or management of the city.
G. If the property upon which the adult related business is to operate is subject to a planned development permit, then the adult related business must comply with the requirements of this code in the same manner as any other business seeking to operate on the property. (Ord. 999 § 2 (part), 2003)
17.24.030 Development and operational standards.
In addition to the development standards in the underlying zoning district and in addition to other provisions of this code, the following development and operational standards apply to adult related businesses.
A. Signs. Signs, advertisements, displays, or other promotional materials showing “specific sexual activities” or men or women in a state of nudity or partial nudity or displaying specified anatomical areas shall not be shown or exhibited so as to be discernible by the public beyond the walls of the building or portion thereof in which the adult related business is conducted.
B. Noise. No loudspeakers or sound equipment shall be used by an adult related business for amplification of sound to a level discernible by the public beyond the walls of the building or portion thereof in which the adult related business is conducted.
C. Parking Lot Lighting. All off-street parking areas and premise entries of the adult related business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on parking surfaces and walkways.
D. Landscaping. No landscaping shall exceed thirty inches in height, except trees with foliage not less than six feet above the ground.
E. Trash Enclosures. Trash dumpsters shall be enclosed by a screening enclosure and locked at all times so as not to be accessible to the public.
F. Access. Each adult related business shall have a business entrance separate from any other non-adult related business located in the same building. All building openings, entries, and windows for an adult related business shall be located, covered or screened in such a manner as to prevent viewing of men or women inside the premises in a state of partial nudity or displaying specified anatomical areas from any area open to the general public.
G. Posting Age Restrictions. The building entrance to the adult related business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises.
H. Manager Stations. All indoor areas of the adult related business within which patrons are permitted, except restrooms, shall be open to view within a direct line of sight at all times by the management from a designated manager station that shall not exceed thirty-two square feet in area. Manager stations may include video monitoring of the adult related business, but all areas of the business must be visible by a direct line of sight as described in this subsection.
I. Individual Viewing Areas. No individual viewing area may be occupied by more than one person at any one time. “Individual viewing area” shall mean a viewing room in which visual displays of “specified anatomical areas” and “specified sexual activities” are regularly shown and which is less than one hundred square feet in area. Individual viewing areas of the adult related business 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. (Ord. 999 § 2 (part), 2003)
17.24.040 Violations.
It shall be unlawful to establish or operate an adult related business in violation of this chapter. It shall be unlawful for any owner, manager, patron or employee to violate any provision of this chapter. Any person who violates any provision of this section shall be guilty of a misdemeanor and/or an administrative violation punishable as follows:
A. A violation of this chapter shall be an administrative violation as defined in Section 1.08.020. In addition to enforcement as set forth in Chapters 1.08 through 1.10, inclusive, any violation of this chapter shall be punishable as a misdemeanor, which upon conviction shall be punishable by a fine not to exceed one thousand dollars or by imprisonment in the county jail for not more than six months or by both such fine and imprisonment.
B. Notwithstanding the procedure for administrative violations provided in Chapters 1.08 through 1.10, no notice to correct as provided in Section 1.09.023 shall be required prior to issuance of a notice of administrative violation.
C. Each of the sanctions for administrative violations identified in Section 1.09.013 shall be available for enforcement of this chapter.
D. Based on the criteria for the imposition of administrative violations set forth in Section 1.09.014, a violation of a provision of this chapter committed by a patron or a non-management employee shall be deemed a Level A violation, as that term is described in Section 1.09.012. Based on the criteria for the imposition of administrative violations set forth in Section 1.09.014, a violation of a provision of this chapter committed by an owner or manager shall be deemed a Level B violation, as that term is described in Section 1.09.012. The range of monetary sanctions available for a violation of this chapter shall be as set forth in Section 1.09.012(A).
E. Any person who violates any provision of this chapter shall be guilty of a separate offense for each and every day that any such person commits, continues, permits, or causes a violation thereof, and shall be punished accordingly.
F. Notwithstanding anything to the contrary, for the purposes of this chapter, an act by an employee shall be imputed to the adult related business for purposes of finding a violation of this chapter only if an officer, director, or general partner, or a person who managed, supervised, or controlled the operation of the business premises knowingly, or through negligent supervision of the employee, allowed such act to occur on the premises.
Nothing in this section shall be deemed or constituted to prevent the city from commencing any civil proceeding otherwise authorized by law for the declaration and/or abatement of a public nuisance. (Ord. 999 § 2 (part), 2003)