Chapter 19.70
ADULT ENTERTAINMENT ESTABLISHMENTS
Sections:
19.70.020 Location of adult entertainment land uses.
19.70.030 General provisions for adult entertainment land uses.
19.70.010 Definitions.
Adult entertainment land uses are defined as follows:
(1) “Adult entertainment establishments” means a business or establishment having a substantial or significant portion of its sales, rental income, or of its stock-in-trade consisting of books, magazines, audiovisual aids, paraphernalia, novelties and videotapes which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas.” Businesses or establishments which provide facilities for the viewing of such videotapes described above shall also come within the definition of an “adult entertainment establishment.”
Any business or establishment which engages in the sale or rental of videotapes described above and which prominently displays promotional material for such videotapes depicting, describing or relating to “specified sexual activities” or “specified anatomical areas,” which said material is visible to the public from any pedestrian sidewalk or walkways, or front any other public area, shall also come within the definition of an “adult entertainment establishment.”
(2) “Adult motion picture theater” means an enclosed building or open air theater with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, or related to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.
(3) “Adult mini-motion picture theater” means an enclosed building or open air theater with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas,” for observation by patrons therein.
(4) An establishment used for dances, performances or shows distinguished or characterized by an emphasis on “specified sexual activity” or “specified anatomical areas” for observation by patrons therein.
(5) Massage parlors and public bathhouses in which “specified sexual activities” occur.
(6) “Specified anatomical areas” means:
(a) Less than completely and opaquely covered:
(i) human genitals, pubic region,
(ii) buttock,
(iii) female breasts below a point immediately above the top of the areola;
(b) Human male genitals in a discernibly turgid state, even if completely or opaquely covered.
(7) “Specified sexual activities” means:
(a) Human genitals in a state of sexual stimulation or arousal:
(b) Acts of human masturbation, sexual intercourse or sodomy:
(c) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(8) “Used” as used herein describes a continuing course of conduct exhibiting “specified sexual activities” and “specified anatomical areas” in a manner which appeals to a prurient interest. (Ord. 2254 § 1, 1986).
19.70.020 Location of adult entertainment land uses.
(1) Adult entertainment land uses or adult establishments are prohibited within the area circumscribed by a circle which has a radius consisting of the following distances from the following specified uses or districts:
(a) Within or within 1,000 feet of the following land use districts: NC, GC, O/C, CBD, RF-1, R-1, R-2, R 3, R-4, TNR, RC, C-C and C-F;
(b) One thousand feet of any public or private school or an institution of higher learning;
(c) One thousand feet of any church or other religious facility or institution;
(d) One thousand feet of any public park;
(e) Within any trailer park or within 1,000 feet of any trailer park as defined by Chapter 7.28 LMC;
(f) Within 1,000 feet of any hospital;
(g) An adult entertainment land use shall not be located within a 1,000-foot radius of another adult entertainment land use except that such restrictions may be waived by the city council if it is found:
(i) That the proposed use will not be contrary to the public interest or injurious to nearby properties, and the spirit and intent of this section will be observed, and
(ii) That the proposed use will not enlarge or encourage the development of a “skid row” area, and
(iii) That the establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement.
(2) The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. (Ord. 3202 § 17, 2012; Ord. 3122 § 17, 2010; Ord. 3047 § 4, 2008; Ord. 2254 § 1, 1986).
19.70.030 General provisions for adult entertainment land uses.
(1) Off-street parking shall be provided in accordance with this code, and each parking area shall be paved, striped and lighted in accordance with the provision of this code.
(2) No signs or other structures shall be placed, erected or used on an adult entertainment land use without prior approval of the planning commission nor shall the building be painted in garish colors or such other fashion as will effectuate the same purpose as a sign(s).
(3) All off-site improvements such as curbs, gutters, sidewalks, drive approaches and streets shall be provided as required by the city engineer.
(4) The interior of an adult entertainment establishment shall be adequately lighted and constructed so that every portion thereof is readily visible to supervisory personnel.
(5) The lobby and entrance areas should be designated so as to minimize obstruction of sidewalks during operating hours.
(6) Advertisements, displays or other promotional material depicting, describing or relating to “specified sexual activities” or “specific anatomical areas” shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other areas, public or semipublic, and such displays shall be considered signs.
(7) All building openings, entries, windows, etc., from adult entertainment land uses shall be located, covered or screened in such a manner as to prevent a view into the interior from any public or semipublic area.
(8) No loudspeakers or sound equipment shall be used for adult entertainment land uses that can be discerned by the public from public or semipublic areas. (Ord. 2254 § 1, 1986).
19.70.040 Severability.
If any section, subsection, sentence, clause, phrase or any portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted the ordinance codified in this chapter and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. (Ord. 2254 § 1, 1986).
19.70.050 Enforcement.
Violation of the use provisions of this chapter is declared to be a public nuisance per se which shall be abated by the corporation counsel by way of civil abatement procedures only, not by criminal prosecution. (Ord. 2254 § 1, 1986).