The intent and purpose of this chapter is to regulate uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood.

(Ord. 515 § 1 Exh. A (part), 1987)

A.

"Adult entertainment business or activity" means an establishment that is not customarily open to the public generally, but only to one or more classes of the public and which normally excludes minors by reason of age during all or a portion of its operating hours. Such establishments usually charge a fee for a service or sale item to be purchased. Such business is characterized by emphases on depicting, describing or relating to specified sexual activities or specified anatomical areas. The term includes, but is not limited to, the following uses:

1.

Adult Bookstore. An establishment which as at least twenty-five percent of its stock-in-trade, books, magazines, or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material, and which excludes minors by virtue of age from all or part of the establishment.

2.

Adult Motion Picture Theater. An enclosed building with a capacity of fifty of more persons used for presenting material distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein, and which excludes minors by virtue of age.

3.

Adult Mini Motion Picture Theater. An enclosed building with a capacity of less than fifty 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, and which excludes minors by virtue of age.

4.

Adult Cabaret. A cabaret which features live performance by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas, and which excludes minors by virtue of age.

5.

Adult Massage Parlor. Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with specified sexual activities, or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas, and which excludes minors by reason of age.

6.

Adult Model Studios. Any place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by persons paying such consideration or gratuity, and which excludes minors by virtue of age.

7.

Adult Sexual Encounter Center. Any business, agency, or person who, for any form of 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, and which excludes minors by virtue of age.

8.

Adult Motion Picture Arcade. Any place to which the public is permitted or invited, wherein coin-operated or slug-operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where at least ten percent of the films or presentations shown or available to be shown are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, and which excludes minors by virtue of age.

9.

Adult Hotel or Motel. A hotel or motel, in part 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, and which excludes minors by virtue of age.

10.

Adult Drive-In Theater 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, and which excludes minors by virtue of age.

B.

"Cabaret" means a cafe, lounge, bar, restaurant, nightclub, theater or other establishment where patrons are entertained by performers who dance, sing, or play musical instruments.

C.

"Residential structure" means a building(s) or mobilehome(s) that contains one or more dwelling units. Residential structure does not include a motel or hotel which is rented on a day-to-day basis.

D.

"Specified sexual activities," as follows:

1.

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of 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, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

2.

Clearly depicted human genitals in a state or sexual stimulation, arousal or tumescence; or

3.

Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

4.

Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

5.

Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

6.

Erotic or lewd touching, fondling or other contact with an animal by a human being; or

7.

Human excretion, urination, menstruation, vaginal or anal irrigation.

E.

"Specified anatomical areas," as follows:

1.

Less than completely and opaquely covered:

a.

Human genitals or pubic region,

b.

Buttock,

c.

Female breast below a point immediately above the top of the areola;

2.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

F.

"Distinguished or characterized by an emphasis," when used in the preceding definitions, refers to the dominant or essential theme.

G.

"Used for," when used in the preceding definitions, refer to at least ten percent of the programming or activity.

(Ord. 515 § 1 Exh. A (part), 1987)

A.

No adult entertainment business or activity that involves specified sexual activities or display of specified anatomical areas shall be permitted, except in a C-3 district by use permit upon meeting the following requirements:

1.

No adult entertainment business shall be located closer than four hundred feet to any residential district nor closer than six hundred feet to any hospital, school, church, park or playground, or in other areas where large numbers of minors regularly travel or congregate;

2.

No adult entertainment business shall be located closer than one thousand feet to any other adult entertainment business.

B.

The distance between any adult entertainment business or activity and any hospital, school, church, park, playground or other area when large number of minors regularly travel or congregate shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment business to the closest property line where the other building or activity is conducted. The distance between two adult entertainment businesses will be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business.

C.

The distance separation requirements specified in subsection A2 of this section may be waived, provided that:

1.

A petition is received and verified and signed by sixty percent of those persons owning property within the radius of one thousand feet of the existing adult entertainment business, in which case, the distance separation requirement may be reduced to not less than six hundred feet; and

2.

The following findings are made;

a.

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 chapter will be observed, and

b.

That the proposed use will not enlarge or encourage the development of a "skid-row" area, and

c.

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, either residential or nonresidential.

D.

A use permit shall be granted by the planning commission for any adult entertainment business or activity meeting the requirements of the California Environmental Quality Act, and subject to the conditions listed below if the commission makes the findings required under Section 17.52.040 of this code. A use permit shall be granted for any adult bookstore, adult theater, or adult drive-in theater meeting the requirements of the California Environmental Quality Act but without the necessity of the foregoing findings, subject to the following conditions:

1.

All building openings, entries, windows, etc., for adult entertainment shall be located, screened, or covered in such a manner to prevent a view into the interior from any public area.

2.

Advertisements, displays or promotional materials shall be considered as signs if visible from the public right-of-way or adjacent properties. Materials shall not be placed, maintained, displayed or exhibit in any manner which exposes to public view photographs or illustrations of specified sexual activities or of poses which emphasize or direct the viewer's attention to specified anatomical areas. As used herein, "exposes to public view" means exposes to the view of persons outside the building or structure in which the material is placed, maintained, displayed or exhibited.

3.

Compliance with all applicable local or state laws including but not limited to off-street parking, building code, fire code, etc.

4.

All adult entertainment uses shall be contained entirely within an enclosed building or shielded in such a manner that such uses are not visible from adjoining public or private property.

5.

No signs or other structures shall be placed, erected or used on the premises without prior approval of the planning commission, nor shall the building be painted in such a fashion as will effectuate the same purpose as a sign(s).

6.

All off-street parking areas and store entrances shall be illuminated.

7.

No external loudspeakers or sound equipment shall be permitted.

8.

Solicitation of customers by paid barkers or employees outside of the establishment shall not be permitted.

(Ord. 515 § 1 Exh. A (part), 1987)

All adult entertainment activities which become subject to the provisions of this chapter as a result of annexation, or by adoption of this chapter, and which do not meet the locational requirements of this chapter, shall cease operation within three years following receipt of a written notice from the planning commission to the owner of the premises; provided, that such activities may be allowed to continue for an additional period upon the finding that the activity is obligated by virtue of a written lease entered into before the effective date of this chapter, for a period exceeding three years from such effective date of this chapter, or that the activity involves investment of money in leasehold or improvements, of such sum that a longer period is necessary to prevent undue financial hardship.

(Ord. 515 § 1 Exh. A (part), 1987)