Chapter 17.100 ADULT ENTERTAINMENT USES

Chapter 17.100
ADULT ENTERTAINMENT USES

Sections:

17.100.010 Purpose and intent. Revised 3/17

17.100.010 Purpose and intent.

The purpose of this chapter is to prevent community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can result from the concentration of adult-oriented businesses in close proximity to each other or proximity to other incompatible uses such as private and public educational facilities for minors, places of religious assembly or worship, public parks and recreation areas, and residentially zoned districts or uses. The city council finds that it has been demonstrated in various communities that the concentration of adult-oriented businesses causes an increase in the number of transients in the area, an increase in crime and blight, and also causes other businesses and residents to move elsewhere. It is, therefore, the purpose of this chapter to establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses or their close proximity to incompatible uses, while permitting the location of adult-oriented businesses in certain areas. (Ord. 2016-10 § 3 (part))

17.100.015 Definitions.

For the purposes of this chapter, certain words and phrases used are defined as follows:

“Adult entertainment use” includes all of the following types of establishments:

“Adult bookstore” means a business which as a regular and substantial course of conduct offers for sale or rent books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes, slides or other visual representatives whose dominant or predominant character and theme is the depiction or description of specified sexual activity or specified anatomical areas, as defined in this chapter.

1. As defined in this subsection, “regular and substantial course of conduct” shall be construed with reference to all relevant factors, including but not limited to the following:

a. The proportion of the business’ merchandise which depicts or describes specified sexual activity, specified anatomical areas or is a nonprescription, noncontraceptive sex-incitement device; and

b. The percentage of the business’ revenues which are attributable to the sale or rental of merchandise which depicts or specifies sexual activity, specified anatomical areas or is a nonprescription, noncontraceptive sex-incitement device.

“Adult entertainment business” means any business where any of the following conditions exist:

1. The business devotes or intends to devote more than twenty-five (25) percent of its retail inventory (not as measured by the number of items but rather by the cost to the business owner of the inventory) to merchandise whose dominant or predominant character and theme is specified sexual activities or specified anatomical areas, hereafter referred to as “sexually explicit.”

2. The business devotes or intends to devote more than twenty-five (25) percent of the retail floor area to sexually explicit merchandise.

3. The business has not segregated or intends not to segregate in one location in the store all sexually explicit merchandise offered for sale, rental and/or viewing from the non-sexually-explicit merchandise.

4. The retail value of sexually explicit inventory offered for sale in each category: (a) books; (b) magazines; (c) Beta videotapes for sale; (d) VHS videotapes for sale; (e) DVDs for sale; (f) Beta videos for rental; (g) VHS videos for rental; (h) DVDs for rental; (i) novelties; (j) on-premises viewing of images, films and/or videos exceeds or is expected to exceed twenty-five (25) percent of the total retail value of inventory offered for sale in each category.

5. Gross revenue derived from sexually explicit inventory in any particular category (see subsection (4) of this definition) of inventory exceeds or is expected to exceed twenty-five (25) percent of the total gross revenue for that category.

6. The business advertises (either free or paid for advertisements) in a manner that identifies the business as having sexually explicit merchandise for sale, rental and/or viewing.

7. Any business which offers or advertises sexually explicit merchandise in any of the above categories (see subsection (4) of this definition), and which fails to make available to the city for inspection and copying all records of revenue on request after reasonable notice not less than twenty-four (24) hours.

8. Any business that is an adult entertainment use based on any of the above conditions may make an application for an exception. Such an application shall be made to the zoning administrator and shall specify all facts supporting the exception and shall have attached to it all supporting documentation.

“Adult hotel” means any hotel which as a regular and substantial course of conduct provides, through closed-circuit television or other media, material which is distinguished or characterized by an emphasis on matter depicting or describing specified sexual activity or specified anatomical areas, as defined in this chapter.

“Adult motion picture theater” means an enclosed building and/or drive-in motion picture theater which is open to the public and which, as a regular course of conduct, is used for presenting filmed or videotaped materials whose dominant or predominant character and theme are the depiction or display or specified sexual activity or specified anatomical areas, as defined in this chapter, for observation by six or more patrons of such use at any one time.

1. As defined in this subsection, “regular and substantial course of conduct” shall be construed with reference to all relevant factors, including but not limited to the following:

a. The proportion of the theater’s films which depict specified sexual activity or specified anatomical areas;

b. The number of films depicting or displaying specified sexual activity or specified anatomical areas which are shown at the theater each week, each weekend or each month;

c. The nature of the films which receive top billing on the theater’s marquee or in its advertising; and

d. The proportion of the theater’s revenue which is attributable to the showing of films depicting or displaying specified sexual activity or anatomical areas.

“Adult picture arcade” means any business wherein, as a regular course of conduct, coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, television sets or other image producing devices are used to display images to five or fewer persons per machine at any one time, and which images have as a dominant or predominant character and theme the display or depiction of specified sexual activity or specified anatomical areas.

1. As defined in this subsection, “regular and substantial course of conduct” is construed with reference to a number of factors, including, but not limited to, the following:

a. The proportion of the business’ movies, shows, pictures and images which have as their predominant theme the display or depiction of specified sexual activity or specified anatomical areas; and

b. The proportion of the business’ revenue which is attributable to the showing of pictures depicting or displaying specified sexual activity or specified anatomical areas.

“Bathhouse” means an establishment which as a regular and substantial course of conduct provides, for a fee or other consideration, access to any kind of bath facility, including showers, saunas and hot tubs. This definition does not include a bona fide athletic club, health club, school, gymnasium, reducing salon or similar establishment where baths or hydrotherapy are offered as incidental or accessory services.

“Establishment of an adult entertainment use” means and includes the opening of such a business as a new business, the relocation of such a business or the conversion of an existing use to any adult entertainment use.

“Massage” means manipulation of tissues (as by rubbing, kneading or tapping) with the hand, body or other instrument.

“Massage parlor” means any establishment having a fixed place of business where any person engages in or carries on, or permits to be engaged in or carried on, any activity set forth in the definition of “massage” in Chapter 17.04. Any establishment engaged in, carrying on, or permitting any combination of massage and bathhouse shall be deemed a massage parlor.

“Modeling studio” means a business which provides as a regular and substantial course of conduct, for a fee or other consideration, figure models who display specified anatomical areas to be observed, sketched, photographed, painted, sculptured or otherwise depicted by persons paying such consideration. “Modeling studio” does not include schools maintained pursuant to the standards set by the State Board of Education.

“Nude dancing theater” means any building or structure which as a regular and substantial course of conduct is used for the presentation of live dancing or modeling, the dominant or predominant character and theme of which are the display of specified sexual activity or specified anatomical areas, as defined in this chapter, and to which the public is permitted or invited.

“Sexual encounter center” means a business which as a regular and substantial course of conduct provides two or more persons, for pecuniary compensation, consideration, hire or reward, with a place to assemble the purpose of engaging in specified sexual activity or displaying specified anatomical areas. “Sexual encounter center” does not include hotels or motels.

“Specified anatomical areas” means and includes, and is limited to, the following:

1. Less than completely and opaquely covered human genitalia, pubic region, buttocks and female breasts below the top of the areola; and/or

2. Human male genitalia in a discernibly turgid state, even if completely or opaquely covered.

“Specified sexual activity” means and includes, and is limited to the following:

1. Actual or simulated genital or anal sexual intercourse;

2. Oral copulation;

3. Bestiality;

4. Direct physical stimulation of unclothed genitals;

5. Masochism;

6. Erotic or sexually-oriented torture, beating or the infliction of pain; or

7. The use of excretory functions in the context of a sexual relationship. (Ord. 2016-10 § 3 (part): Ord. 97-03 § 2 (part): prior code § 8-1.6010 (part). Formerly 17.100.010)

17.100.020 Establishment—Allowed zones.

The establishment of adult entertainment uses is prohibited in any zone within the city with the exception of the M-1 (light industrial) or B/P (business and industrial park) zones, as specified in this title; provided, however, no adult entertainment use may be established in any such zone unless the entire parcel upon which such use is located is outside all of the specified distance requirements set forth in Section 17.100.030 and unless the adult entertainment use complies with all other regulations imposed within the zone by this title. (Ord. 97-03 § 2 (part): prior code § 8-1.6010 (A))

17.100.030 Spacing requirements.

A. The spacing requirements set forth in this chapter shall be observed in the establishment of any adult entertainment use. Distances shall be measured in a straight line, between the nearest property line of the parcel on which the adult entertainment use is located to the nearest zone line or property line of the parcel upon which the following uses are located:

1. No adult entertainment use shall be established within six hundred (600) feet of any public or private school, library, public owned park or playground, or church, synagogue or other place of worship to which the public is invited or permitted to attend.

2. No adult entertainment shall be established within six hundred (600) feet of any R-zone as specified in this title. For the purposes of this section, “residential use” includes mobilehome parks, recreation vehicle campgrounds and campgrounds, but excludes motels.

B. It is the intention of the city council that the distance restrictions set forth in this chapter are cumulative, not separate, therefore, adult entertainment uses may be established only on parcels which meet all of the spacing requirements set forth in this chapter. (Ord. 97-03 § 2 (part): prior code § 8-1.6010 (B))

17.100.040 Use permit required.

No person shall operate an adult entertainment use without first obtaining a use permit as provided in this title. Such permit shall be issued by the planning commission if the applicant meets the criteria listed below. No other land use permit is required to operate an adult entertainment use, and only the following criteria may be required as conditions of the issuance of this use permit:

A. An application for a conditional use permit has been made in accordance with the procedure set forth in this chapter and Chapter 17.20 of this title.

B. All building height, building site, minimum yard and off-street parking requirements for uses subject to a use permit in a M-1 or B/P zone have been met.

C. The building and lot on which such business is located shall comply with local and state law concerning signs, building security, design review, occupancy, structural safety and landscaping, and that all applicable building, plumbing and fire codes have been met.

D. Hours of operation may be designated by the planning commission as a condition to the issuance of the use permit if the planning commission finds, based on substantial evidence presented to it, that there is a need for regulation of hours due to a specifically identified significant problem linked to the adult entertainment use. When regulating the hours of operation of an adult entertainment use, the planning commission shall, whenever possible, designate hours which are consistent with the hours of operation of nearby businesses which are similar in nature. If shorter hours than those nearby businesses of a similar nature are imposed, the planning commission shall:

1. Identify in writing the need for such shorter hours;

2. Make a specific finding that a less restrictive condition or requirement would not alleviate the problems imposed by the longer hours of operation of such use; and,

3. Set forth the period of time after which the permit holder could seek review of the planning commission’s designation of the hours of operation of the use.

E. All other regulations and provisions of this chapter have been complied with. (Ord. 97-03 § 2 (part): prior code § 8-1.6010 (C))