Chapter 5.20
ADULT ENTERTAINMENT
Sections:
5.20.030 Waiver of locational provisions.
5.20.050 Permit application – Condition of issuance.
5.20.070 Operating requirements.
5.20.080 Sale or transfer of business.
5.20.090 Nonconforming establishments.
5.20.110 Rules and regulations.
5.20.010 Definitions.
A. For the purpose of this chapter, an “adult entertainment” business or “adult entertainment” businesses shall include any of the following activities which are more specifically defined as follows:
1. “Adult book store” or “adult video store” means an establishment having 20 percent or more of its stock-in-trade in books, magazines and other periodicals, or prerecorded videotapes or disks, which are distinguished or characterized by emphasis on matters depicting, describing or relating to “specified sexual activities” or “specific anatomical areas.”
2. “Adult motion picture theater” means an enclosed building with a capacity of 50 or more persons which is used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.
3. “Adult mini motion picture theater” means an enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to “specified anatomical areas” for observation by patrons therein.
4. “Adult hotel or motel” means a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.”
5. “Adult motion picture arcade” means any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, 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 one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas.”
6. “Cabaret” means a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, “go-go” dancers, exotic dancers, strippers, or similar entertainers, wherein such performances are distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”
7. Repealed by Ord. 1108.
8. “Model studio” means any business where, for any form of consideration or gratuity, figure models who display “specified anatomical areas” are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.
9. “Sexual encounter center” means any location, business, agency or person, which or who, for any form of consideration or gratuity, provides a place where three 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.”
10. Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.”
B. “Specified sexual activities” include:
1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral or anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: anilingus, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, lesbianism, sodomy, 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 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.
C. “Specified anatomical areas” include the following:
1. Less than completely and opaquely covered (a) human genitals, pubic region; (b) buttock; and (c) female breast below a point immediately above the top of areola; and
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (Ord. 1108 § 6, 2011; Ord. 787 § 1, 1986. Code 1964 § 13A-1.)
5.20.020 Special regulations.
In those land use districts where an adult entertainment business or adult entertainment businesses regulated by this chapter would otherwise be a permitted or conditional use, it shall be unlawful to establish any such adult entertainment business(es) if the location is:
A. Within 1,000 feet of any area zoned for residential use;
B. Within 1,000 feet of any other adult entertainment business; or
C. Within 1,000 feet of any public or private school, park, playground, public building, church, any noncommercial establishment operated by a bona fide religious organization, or any establishment likely to be used by minors.
The “establishment” of any adult entertainment business or businesses shall include the opening of such a business(es) as a new business or businesses, the relocation of such business(es), or the conversion of an existing business location to any adult entertainment business use. (Ord. 787 § 1, 1986. Code 1964 § 13A-2.)
5.20.030 Waiver of locational provisions.
Any property owner or his authorized agent may apply to the planning commission for a waiver of any locational provisions contained in this chapter. The planning commission, after a hearing, may waive any locational provision, if the following findings are made:
A. That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this chapter will be observed;
B. That the proposed use will not enlarge or encourage the development of a “skid row” area;
C. That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood redevelopment. (Ord. 787 § 1, 1986. Code 1964 § 13A-3.)
5.20.040 Permit required.
It shall be unlawful for any person, association, partnership or corporation to engage in, conduct, carry on or permit to be engaged in, conducted, or carried on, in any premises within the City of Healdsburg, the operation of an adult entertainment business without a valid permit issued pursuant to the provisions of this chapter. (Ord. 787 § 1, 1986. Code 1964 § 13A-4.)
5.20.050 Permit application – Condition of issuance.
A. Any person, association, partnership, corporation or other entity desiring to obtain a permit to operate an adult entertainment business shall file an application with the chief of police, accompanied by nonrefundable fees which shall be set and may be changed by resolution of the City Council, containing the following information:
1. The full, true name and all other names ever used by the applicant(s).
2. The applicant’s height, weight, color of eyes and hair, sex and date of birth.
3. The present address and telephone number of the applicant(s).
4. The proposed name and address of the adult entertainment business.
5. Each residence and business address of the applicant(s) for the three years immediately preceding the date of the application and the inclusive dates of each address.
6. All prior criminal convictions and reasons therefor.
7. Written proof that the applicant(s) is/are 18 years of age or older.
8. Two full color photographs of the applicant(s), at least two inches by two inches in size, taken within six months immediately preceding the date of the application. One photograph will be retained by the police department and one photograph shall be affixed to the permit together with two completed fingerprint cards satisfactory to the chief of police.
9. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the state and date of incorporation and names and residence addresses of each of its current officers and directors, and of each stock holder holding more than five percent of the stock in the corporation. If the applicant is a partnership, the application itself shall set forth the name and the residence addresses of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to corporate applicants shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer.
B. The chief of police shall undertake whatever investigation is necessary to verify the information contained in the application.
C. Permits required by this chapter shall be issued by the chief of police within 60 days of the filing of the application therefor, unless the chief of police makes any of the findings set forth below, in which case the permit may be denied or an outstanding permit may be revoked or suspended:
1. If the applicant or any employee is under 18 years of age.
2. If the applicant or any employee is or has been convicted of a crime involving moral turpitude.
3. If the applicant violates any provisions of this chapter. (Ord. 787 § 1, 1986. Code 1964 § 13A‑5.)
5.20.060 License fees.
A. Adult Motion Picture Arcade. For each separate peep show device which is used or available for use by the deposit of a coin, token, use of key or for which use a fee is paid, a license shall be obtained and a license fee shall be paid as provided in HMC 5.04.340.
B. Adult Entertainment Business. Any adult entertainment business shall be subject to the license fees set forth in HMC 5.04.300.
C. Distributors or operators of peep show devices or adult motion picture projection equipment shall pay for the right to distribute such devices and equipment in the City an annual license fee as provided in Chapter 5.04 HMC. (Ord. 787 § 1, 1986. Code 1964 § 13A-6.)
5.20.070 Operating requirements.
A. A permit issued under this chapter to any applicant to operate an adult entertainment business shall be displayed in an open and conspicuous public place on the premises.
B. No adult entertainment businesses shall advertise or display signs, posters, or pictures concerning any of its stock-in-trade (such as books, magazines, or pictures) in such a way as to render said advertisement or display visible from the public street or sidewalk adjacent to the business premises, if said advertisement or display contains photographs or language depicting or referring to specified sexual activities or specified anatomical areas.
C. No adult entertainment businesses shall be maintained or operated unless the complete interior of the place or area where the pictures or images are viewed is visible upon entrance to such place or area. No partially or fully enclosed booths shall be maintained.
D. Repealed by Ord. 1108.
E. It shall be unlawful for the owner, proprietor, manager or any other person in charge of an adult entertainment business to employ a person under the age of 18 years, or to allow any such minor on the premises.
F. Establishments which have under 20 percent of stock-in-trade in books, magazines and other articles, or prerecorded videotapes or disks, which are distinguished or characterized by emphasis on matters depicting, describing or relating to specified sexual activities or specific anatomical areas must either provide a special room for displaying said material or store it at a location which would not be visible to members of the general public who may patronize said establishment. If a separate room is utilized for displaying said material, a sign shall be posted outside requiring all persons who enter said special room to be a minimum of 18 years of age. (Ord. 1108 § 6, 2011; Ord. 787 § 1, 1986. Code 1964 § 13A-7.)
5.20.080 Sale or transfer of business.
No permit issued pursuant to this chapter may be assigned or transferred. Upon sale or transfer of a business which has been issued a permit hereunder, the new owner(s) shall apply for a new permit pursuant to HMC 5.20.050. (Ord. 787 § 1, 1986. Code 1964 § 13A-8.)
5.20.090 Nonconforming establishments.
Any person who is engaging in, conducting or carrying on a lawful business as an owner or operator of an adult entertainment business, in compliance with all applicable laws, as of the effective date of the ordinance codified in this chapter, shall have 90 days within which to comply with the provisions of this chapter. (Ord. 787 § 1, 1986. Code 1964 § 13A-9.)
5.20.100 Inspections.
The police department shall, from time to time, make an inspection of each adult entertainment business in the City for the purpose of determining compliance with provisions of this chapter. (Ord. 787 § 1, 1986. Code 1964 § 13A-10.)
5.20.110 Rules and regulations.
The chief of police may make and enforce reasonable rules and regulations in connection with enforcement functions to carry out the intent of this chapter. (Ord. 787 § 1, 1986. Code 1964 § 13A-11.)
5.20.120 Penalties.
Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor. Each person shall be deemed guilty of a separate offense for every day or any portion thereof during which any violation of any provision of this chapter is committed, continued or permitted by such person, firm or corporation. (Ord. 787 § 1, 1986. Code 1964 § 13A-12.)