Chapter 17.132
ADULT-ORIENTED ESTABLISHMENTS
Sections:
17.132.030 Conformance with title provisions.
17.132.010 Definitions.
As used in this chapter:
“Adult bookstore” means an establishment having as a substantial or significant portion of its stock in trade, for sale, rent, lease, inspection or viewing of books, films, videocassettes, magazines or other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or related to “specified anatomical areas,” as defined below, or an establishment with a segment or section devoted to the sale, rent and display of such material.
“Adult cabaret” means a cabaret which features topless dancers, strippers, male or female impersonators, or similar entertainers.
“Adult entertainment” means any exhibition of any motion pictures, live performance display or dance of any type, which has as its dominant theme, or is distinguished or characterized by an emphasis on, any actual or simulated “specified sexual activities,” or “specified anatomical areas,” as defined below.
“Adult mini-motion picture theater” means an enclosed building with a capacity of less than fifty (50) persons used for presenting material having as its dominant theme, or distinguished or characterized by an emphasis on, matters depicting, describing or relating to “specified sexual activities,” or “specified anatomical areas,” as defined below, for observation by patrons herein.
“Adult motion picture theater” means an enclosed building with a capacity of fifty (50) or more persons used for presenting materials distinguished or characterized by an emphasis on, matters depicting, describing or relating to “specified sexual activities,” or “specified anatomical areas,” as defined below, for observation by patrons herein.
“Adult-oriented establishment” includes, but is not limited to, “adult bookstores,” “adult motion picture theaters,” “adult mini-motion picture establishments” or “adult cabarets.” It further means any premises to which public patrons or members are invited or admitted and which are so physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises for the purposes of viewing adult-oriented motion pictures, or wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, whether or not such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect.
“Specified anatomical areas” means:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breasts below the point immediately above the top of the areola;
2. Human male genitals in a discernible turgid state, even if opaquely covered.
“Specified sexual activities” means simulated or actual:
1. Showing of human genitals in a state of sexual stimulation or arousal;
2. Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or cunnilingus;
3. Fondling or erotic touching of human genitals, pubic region, buttocks or female breasts. (Ord. 1547 § 1 (part), 1996; prior code § 17.38(1)(c)(1))
17.132.020 Location.
A. “Adult-oriented establishments” as defined in Section 17.132.010, are prohibited in all zones except industrial zones.
B. No adult-oriented establishment shall be located:
1. Within one hundred (100) feet of any residential zone;
2. Within one hundred (100) feet of any preexisting church, day care center, park or elementary or secondary school.
C. For purposes of this section, distances are to be measured in a straight line, without regard to intervening structures or objects, from the property line of the adult-oriented establishment to the property line of the residential zone, church, park, day care center or elementary or secondary school, excluding the distance of any railroad and/or street right-of-way. (Ord. 1547 § 1 (part), 1996; prior code § 17.38(1)(c)(2))
17.132.030 Conformance with title provisions.
All regulations and requirements of this title must be met. Additionally, all provisions of the industrial zoning district must be met. (Ord. 1547 § 1 (part), 1996; prior code § 17.38(1)(c)(3))