Chapter 9.18
REGULATION OF ADULT ENTERTAINMENT FACILITIES
Sections:
9.18.030 Location of adult entertainment facilities.
9.18.040 Applicability to zoning.
9.18.060 Violation a nuisance.
9.18.010 Purpose.
In adopting this chapter, it is recognized that certain types of adult entertainment facilities possess certain objectionable operational characteristics which when concentrated can have a deleterious effect upon adjacent areas. It is also recognized that locating the adult entertainment facilities covered by this article in the vicinity of facilities frequented by minors will cause the exposure of minors to adult material which, because of their immaturity, may adversely affect them. In addition, it is recognized that many persons are offended by the public display of certain sexual material. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to downgrading of the surrounding neighborhoods and to an adverse effect on minors. (Ord. 17-88 §1(part), 1988).
9.18.020 Definitions.
As used in this chapter, the following terms shall have the following meanings:
A. “Adult bookstore” means an establishment having a substantial or significant portion of its stock-in-trade, books, magazines and other periodicals, video tapes or tape cassettes which are substantially devoted to the depiction of specified sexual activities or specified anatomical areas.
B. “Adult entertainment activity” means any commercial activity, whether conducted intermittently or full time, which primarily involves the sale, display, exhibition or viewing of books, magazines, films, photographs or other materials distinguished or characterized by an emphasis on matter depicting, describing or relating to human sex acts, or by an emphasis on male or female genitals, buttocks or female breasts.
C. “Adult motion picture arcade” means any place to which the public is permitted or invited wherein admission is charged and/or coin-operated or slug-operated or electrically or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities of specified anatomical areas.
D. “Adult motion picture theater” means a building or portion thereof, or area, whether open or enclosed, used for presenting material in the form of motion picture film, video tape or other means which is substantially devoted to the depiction of specified sexual activities or specified anatomical areas for observation by persons therein.
E. “Adult newsrack” means any coin-operated machine or device which dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.
F. “Cabaret” means a nightclub, theater, restaurant, bar, 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 an emphasis on specified sexual activities of specified anatomical areas.
G. “Sexual encounter centers” means any business, agency or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.
H. “Specified anatomical areas” means:
1. Less than completely and opaquely covered:
a. Human genitals;
b. Human buttock;
c. Human female breast below a point immediately above the top of the areola; and
2. Human male genitals in discernibly turgid state, even if completely and opaquely covered.
I. “Specified sexual activities” means:
1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or
2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or
3. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or
4. Fondling or touching of nude human genitals, pubic region, buttocks, or female breast; or
5. Masochism, erotic or sexually oriented torture, beating or in the infliction of pain; or
6. Erotic or lewd touching, fondling or other contact with an animal by a human being; or
7. Human excretion, urination, menstruation, vaginal or anal irrigation; or
8. Any combination of the above subdivisions 1 through 7. (Ord. 17-88 §1(part), 1988).
9.18.030 Location of adult entertainment facilities.
A. No adult entertainment facility shall be located within, nor closer than five hundred feet to, the boundary of any residentially zoned property or residentially used property.
B. No adult entertainment facility shall be closer than one thousand feet, measured along the right-of-way of public streets, to any other adult entertainment facility.
C. No adult entertainment facility shall be closer than one thousand feet from any public school, church, playground or park in the city. (Ord. 17-88 §1(part), 1988).
9.18.040 Applicability to zoning.
Each such facility must comply with all applicable regulations of the applicable zoning district in which the use is located. (Ord. 17-88 §1(part), 1988).
9.18.050 Use permit required.
A. Each such facility must, prior to commencement or continuation of business if an established use at the effective date of this chapter, first apply for and receive from the planning commission a conditional use permit, as provided in the zoning ordinance. If such permit is granted, it shall be granted upon such conditions as are necessary to protect the public health, safety and welfare. Any party aggrieved by a decision of the planning commission on an application for such a use permit shall have the right to appeal such decision to the city council in accordance with the requirements of Chapter 1.25.
B. Materials offered for sale from newsracks shall not be displayed in any manner which exposes to public view photographs or illustrations of specified sexual activities or of naked adults in poses which emphasize or direct viewers to the subject’s genitals.
C. No adult entertainment facility shall display or exhibit any material in a manner which exposes to the public view photographs or illustrations of sexual activities or naked adults in poses which emphasize or direct the viewer’s attention to the subject’s genitals. As used herein, “exposed to public view” means exposed to the view of persons outside the building in which said adult entertainment facility is located. (Ord. C-7-08 §8, 2008; Ord. 17-88 §1(part), 1988).
9.18.060 Violation a nuisance.
Every violation of the regulations contained in this chapter shall constitute and is declared to be a public nuisance, which may be abated pursuant to the provisions of Section 731 of the Code of Civil Procedure of the state of California. The total cost of abatement shall be made a special assessment against the interest, if any, in the parcel of land upon which such nuisance is maintained, had or possessed by the person determined in such judicial proceeding to be responsible for the operation and maintenance of such nuisance. Upon a judicial determination in a civil action under state Civil Code Section 3494 or Code of Civil Procedure Section 731 that a public nuisance did exist, such cost of abatement shall, by special ordinance, be made a lien against such property and a personal obligation against the person responsible for the operation and maintenance of such nuisance and shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in the cost of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment. This remedy is in addition to any other remedy provided by law. (Ord. 17-88 §1(part), 1988).