Chapter 5.08
ADULT ENTERTAINMENT BUSINESSES
Sections:
5.08.030 Location restrictions.
5.08.010 Findings.
The city council finds that adult entertainment businesses, because of their very nature, are recognized as having objectionable characteristics, particularly when several of them are concentrated under certain circumstances, thereby having deleterious effect upon the adjacent areas. Special regulation of these businesses is necessary to ensure that the adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of the regulation is to prevent the concentration or clustering of these businesses in any one area. (Ord. 626 §1, 1984)
5.08.020 Definitions.
For purposes of this chapter, adult entertainment businesses are defined as follows:
A. “Adult bookstore” means an establishment having a substantial or significant portion of its stock in trade, books, magazines and other. periodicals whose dominant or predominant character and theme is the depiction of the statutorily enumerated sexual activities or anatomical areas or an establishment with a segment or section devoted to the sale or display of such materials.
B. “Adult motion picture theater” means an enclosed building with a capacity of fifty or more persons customarily used for presenting material whose dominant or predominant character and theme is the depiction of the statutorily enumerated sexual activities or anatomical areas.
C. “Adult mini-motion picture theater” means an enclosed building with a capacity for less than fifty persons customarily used for presenting material whose dominant or predominant character and theme is the depiction of the statutorily enumerated sexual activities or anatomical areas for observation by patrons therein.
D. “Adult hotel or motel” means a hotel or motel wherein material is presented whose dominant or predominant theme is the depiction of the statutorily enumerated sexual activities or anatomical areas.
E. “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 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 have a dominant or predominant character and theme which is the depiction of the statutorily enumerated sexual activities or anatomical areas.
F. “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, where such performances have as their dominant or predominant character and theme the depiction of the statutorily enumerated sexual activities or anatomical areas.
G. “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 person paying such consideration or gratuity.
H. “Sexual encounter center” means any business, agency or person who, for any form or 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.
1. Any other business or establishment which offers its patrons services or entertainment whose dominant or predominant character and theme is the depiction of the statutorily enumerated sexual activities or anatomical areas.
2. For purposes of this section, “specified sexual activities” includes the following:
a. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation or unclothed genitals, flagellation or torture in the context of a sexual relationship or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunninlingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or
b. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or
c. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or
d. Fondling or touching nude human genitals, pubic region, buttocks or female breast; or
e. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or
f. Erotic or lewd touching, fondling or other contact with an animal by a human being; or
g. Human excretion, urination, menstruation, vaginal or anal irrigation.
3. For purposes of this section, “specified anatomical areas” shall include the following:
a. Less than completely and opaquely covered (1) human genitals, pubic region; (2) buttocks, and (3) female 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. (Ord. 626 §2, 1984)
5.08.030 Location restrictions.
A. In those land use districts where the adult entertainment businesses regulated by this chapter would otherwise be permitted uses, it is unlawful to establish any such adult entertainment business if the location is:
1. Within five hundred feet of any area zoned for residential use; or
2. Within one thousand feet of any other adult entertainment business; or
3. Within one thousand 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.
B. The establishment or any adult entertainment business includes the opening of such business as a new business, the relocation of such business, or the conversion of an existing business location to any adult entertainment business use.
C. Waiver of Locational Provisions. Any property owner or his authorized agent may apply to the city council for a waiver of any locational provision contained in this chapter. The city council, after a hearing, may waive any locational provision, if all the following findings are made:
1. 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 section will be observed; or
2. That the proposed use will not enlarge or encourage the development of a “skid row” area; or
3. That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal; or
4. That all applicable regulations of the city zoning ordinance will be observed. (Ord. 626 §§3, 4, 1984)
5.08.040 Violation--Penalty.
Any person violating or causing the violation of any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than five hundred dollars or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. Any violation of this chapter which is committed and continues from day to day, constitutes a separate offense for each and every day during which such violation is committed or continued. (Ord. 626 §6, 1984)