Chapter 17.87
ADULT USES
Sections:
17.87.001 Purpose, intent and scope.
17.87.010 Consistency with this title.
17.87.030 Proximity requirements.
17.87.040 Premises requirements.
17.87.001 Purpose, intent and scope.
A. Purpose. The purpose of requiring standards for adult entertainment facilities is to mitigate the adverse secondary effects caused by such facilities, to maintain compatibility with other land uses and services permitted within the city, and to promote the public health, safety and welfare of the citizens of the city.
B. Intent.
1. There is convincing evidence that adult entertainment businesses, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values; and
2. It is recognized that adult entertainment businesses, due to their nature, have serious objectionable operational characteristics, particularly when they are located in close proximity to each other, thereby contributing to urban blight and downgrading the quality of life in the adjacent area; and
3. The city council desires to minimize and control these adverse effects and thereby protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the property values and character of surrounding neighborhoods and deter the spread of urban blight; and
4. It is not the intent of this chapter to suppress any speech activities protected by the First Amendment, but to enact a content-neutral ordinance which addresses the secondary effects of adult entertainment businesses; and
5. It is not the intent of the city council to condone or legitimize the distribution of obscene material, and the city council recognizes that state and federal law prohibits the distribution of obscene materials and expects and encourages law enforcement officials to enforce obscenity statutes against such illegal activities in the city.
C. Scope. The standards established in this chapter apply to all adult entertainment facilities and include, but are not limited to, the following: adult arcades, adult cabarets, topless bars, adult motels, adult motion picture theaters, exotic dance studios, and adult retail stores. [Ord. 720B § 1, 2002.]
17.87.010 Consistency with this title.
Any adult entertainment business shall be consistent with all applicable requirements of Division III of this title (Environmental Districts), Division IV of this title (Special Districts), Division V of this title (Land Use Zones), Division VI of this title (Use Chart/Zoning Map) and any other applicable law, rule or regulation governing the specific proposal. [Ord. 720B § 1, 2002.]
17.87.020 Exceptions.
A. The provisions of this chapter shall not apply to:
1. Plays, exhibitions, dances, political performances, operas, musicals, or other dramatic or theatric performances which do not contain nudity or specified sexual activities;
2. Classes, seminars, printed matter, movies, or lectures held within an educational facility for serious scientific or educational purposes;
3. Nudity which may occur within any medical facility for health-related purposes; and
4. Any changing of clothing.
B. If an adult bookstore, novelty store or video store constitutes an accessory or ancillary aspect of another permitted business occupancy, occupies less than 10 percent of the total floor area of the premises, and provides no advertising relating to the adult entertainment business anywhere, except the name of the business only on the entrance to such business location, only CMC 17.87.050 shall apply. [Ord. 720B § 1, 2002.]
17.87.030 Proximity requirements.
A. No adult entertainment business shall be located within 1,000 lineal feet of any R-1 or R-2 residential zone.
B. No adult entertainment business shall be located within 1,000 lineal feet of any property used as:
1. Any school, school grounds, or home school;
2. Any church, mosque, synagogue, chapel or other religious facility;
3. Any day care center;
4. Any public park or playground;
5. Any assembly occupancy where minors are permitted in the regular course of business or events;
6. Any public library; or
7. Any publicly accessible government office.
C. No adult entertainment business shall be located within 1,000 lineal feet of any other adult entertainment business. The complete permit application date issued by the DRC shall be used to establish precedence if necessary.
D. Any request for a variance from the proximity requirements above shall demonstrate, in addition to the criteria listed in CMC 17.09.190, that no other reasonable location within the city is available for the subject proposal. Such demonstration shall include a graphic depiction of the inability of the proposal to be developed without a variance. [Ord. 720B § 1, 2002.]
17.87.040 Premises requirements.
A. Adult Arcade.
1. Shall not contain booths or side rooms separated from the primary occupancy room except for restrooms, offices and storerooms constructed as required in the building code. Separation occurs when:
a. The wall between the booth or side room and the main room is more than 50 percent opaque; or
b. A screen, curtain, door, or other movable device segregates the booth or side room from the main room;
2. Shall maintain a level floor area throughout the premises. No ramp or risers shall be used to access arcade stations;
3. Shall maintain a lighting level in all occupied areas of the premises equal to, or brighter than, the exit lighting requirement for the occupancy;
4. Shall post a sign in each booth or side room provided stating in minimum one-inch letters: “Occupancy limited to one person only – violators subject to prosecution under CMC 7.04.100”;
5. No display of merchandise, equipment or fixtures shall be visible from any public street, alley, sidewalk or any other public way;
6. No advertising depicting or mimicking nudity or specified sexual activities, or containing words prohibited by the Federal Communications Commission (FCC) from being transmitted over public airwaves shall be visible from any public street, alley, sidewalk, or any other public way;
7. Parking lots shall be illuminated and shall maintain a lighting level equal to, or brighter than, the exit requirements for the occupancy (Chapter 17.84 CMC).
B. Adult Bookstore, Novelty Store, or Video Store.
1. No display of merchandise or equipment shall be visible from any public street, alley, sidewalk, or any other public way;
2. No advertising depicting or mimicking nudity or specified sexual activities, or containing words prohibited by the FCC from being transmitted over public airwaves shall be visible from any public street, alley, sidewalk, or any other public way.
C. Adult Motion Picture Theater.
1. Shall not contain booths or side rooms separated from the primary occupancy room except for restrooms, offices and storerooms constructed as required in the building code. Separation occurs when:
a. The wall between the booth or side room and the main room is more than 50 percent opaque; or
b. A screen, curtain, door, or other movable device segregates the booth or side room from the main room;
2. No display of merchandise or equipment shall be visible from any public street, alley, sidewalk, or any other public way;
3. No advertising depicting or mimicking nudity or specified sexual activities, or containing words prohibited by the FCC from being transmitted over public airwaves shall be visible from any public street, alley, sidewalk, or any other public way.
D. Exotic Dance Studio.
1. Shall not contain booths or side rooms separated from the primary occupancy room except for restrooms, offices and storerooms constructed as required in the building code. Separation occurs when:
a. The wall between the booth or side room and the main room is more than 50 percent opaque; or
b. A screen, curtain, door, or other movable device segregates the booth or side room from the main room;
2. Shall maintain a lighting level in all occupied areas of the premises equal to, or brighter than, the exit lighting requirement for the occupancy;
3. No display of merchandise or equipment shall be visible from any public street, alley, sidewalk, or any other public way;
4. No advertising depicting or mimicking nudity or specified sexual activities, or containing words prohibited by the FCC from being transmitted over public airwaves shall be visible from any public street, alley, sidewalk, or any other public way;
5. Parking lots shall be illuminated and shall maintain a lighting level equal to, or brighter than, the exit requirements for the occupancy (Chapter 17.84 CMC);
6. Shall provide a minimum six feet of separation between the stage, platform or area used by a performer and any area accessible to the public or any patron;
7. Shall prohibit alcoholic beverages from the premises.
E. Adult Motel.
1. No display of merchandise or equipment shall be visible from any public street, alley, sidewalk, or any other public way;
2. No advertising depicting or mimicking nudity or specified sexual activities, or containing words prohibited by the FCC from being transmitted over public airwaves shall be visible from any public street, alley, sidewalk, or any other public way;
3. Parking lots shall be illuminated and shall maintain a lighting level equal to, or brighter than, the exit requirements for the occupancy (Chapter 17.84 CMC);
4. Shall prohibit alcoholic beverages from the premises. [Ord. 720B § 1, 2002.]
17.87.050 Use requirements.
A. No person under the age of 18 shall be allowed entry into the premises of an adult entertainment business.
B. A general business license shall be required for the conduct of any such business within the city or its UGA.
C. Any such adult business shall be operated and managed only by a person with no felony convictions.
D. The police department shall be authorized to inspect the premises at any time during its posted hours of operation to ensure compliance with this chapter and all other applicable regulations of the city.
E. No portion of any premises shall have any required exit lighting less than required by the building code in any habitable portion of the building.
F. No development or new construction, addition to an existing structure, or change of use or occupancy, which premises becomes an adult entertainment business facility, shall be permitted occupancy until such development or change complies with all applicable regulations, and obtains a certificate of occupancy therefor.
G. Any design configuration, materials and/or method of construction of any adult entertainment business facility which provides an opportunity for an individual to secret themselves from observation from any habitable portion of the premises, whether or not such facility is in compliance with the building code, shall not be permitted.
H. No openings shall be permitted in walls or partitions separating viewing stations or areas where only one individual at a time is allowed.
I. The DRC may attach any other reasonable conditions to any application for any adult entertainment business application, provided such conditions are made a matter of record.
J. Nothing herein shall be construed to limit or preclude enforcement of any other provisions of the CMC, nor authorize any violation thereof. [Ord. 720B § 1, 2002.]