It is the purpose and object of this chapter to establish reasonable and uniform regulations to prevent the concentration of adult entertainment businesses, as defined in Section 17.57.020, within the City.

(Prior Code § 10-3.2012(A); Ord. CS 394, § 1, 1979; Ord. CS 575, 1984)

For the purpose of this chapter certain terms and words are defined as follows:

A.

"Adult arcade" means an establishment where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas."

B.

"Adult bookstore" means an establishment which has as a substantial portion of its stock-in-trade and offers for sale for any form of consideration any one or more of the following:

1.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas;" or

2.

Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities."

C.

"Adult cabaret" means a nightclub, bar, restaurant, or similar establishment which regularly features live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities," or films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas."

D.

"Adult motel" means a motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas."

E.

"Adult motion picture theater" means an establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas."

F.

"Adult theater" means a theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

G.

"Establishment." As used in Section 17.50.030, the "establishment" of any adult entertainment business means and includes any of the following:

1.

The opening or commencement of any such business as a new business;

2.

The conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined in this section;

3.

The addition of any of the adult entertainment businesses defined in this section to any other existing adult entertainment business; or

4.

The relocation of any such business.

H.

"Massage parlor" means an establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment or manipulation is administered by other than a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

I.

"Public park" means a park, playgrounds, swimming pool, beach, pier, reservoir, golf course or athletic field within the City.

J.

"Religious institution" means a building which is used primarily for religious worship and related religious activities.

K.

"School" means an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of learning under the jurisdiction of the State Department of Education, but it does not include a vocational or professional institution or any institution of higher education, including a community or junior college, college or university.

L.

"Sexual encounter establishment" means an establishment, other than a hotel, motel or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate or consort in connection with "specified anatomical areas." This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in sexual therapy.

M.

Specified anatomical areas. As used in this chapter, "specified anatomical areas" means and includes any of the following:

1.

Less than completely and opaquely covered human genitals, anus or female breasts below a point immediately above the top of the areolae; or

2.

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

N.

Specified sexual activities. As used in this chapter, "specified sexual activities" means and includes any of the following:

1.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

2.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

3.

Masturbation, actual or simulated; or

4.

Excretory functions as part of or in connection with any of the activities set forth in subdivisions 1 through 3 of this subsection.

O.

Substantial enlargement. As used in Section 17.50.030, of the "substantial enlargement" of an adult entertainment business means the increase in floor area occupied by the business by more than 50 percent as such floor area exists on the effective date of the ordinance codified in this chapter.

P.

Transfer of ownership or control. As used in Sections 17.50.030, 17.50.050, and 17.50.060, the "transfer of ownership or control" of an adult entertainment business means and includes any of the following:

1.

The sale, lease or sublease of such business;

2.

The transfer of securities which constitute a controlling interest in such business, whether by sale, exchange or similar means; or

3.

The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of such business, except for transfer by bequest or other operation of law upon the death of the person possessing such ownership or control.

(Prior Code § 10-3.2012(B); Ord. CS 394, § 1, 1979; Ord. CS 575, 1984)

No person shall cause or permit the establishment, substantial enlargement or transfer of ownership or control of an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor or sexual encounter establishment within 1,000 feet of another such business or within 500 feet of any religious institution, school, public park, or an area zoned and used exclusively for residential purposes within the City.

(Prior Code § 10-3.2012(C); Ord. CS 394, § 1, 1979; Ord. CS 575, 1984)

The distance between any two adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult entertainment business and any religious institution, school or public park 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 of the religious institution, school, public park or an area zoned and used exclusively for residential purposes within the City.

(Prior Code § 10-3.2012(D); Ord. CS 394, § 1, 1979; Ord. CS 575, 1984)

A person possessing ownership or control of an adult entertainment business which is within 1,000 feet of another such business or within 500 feet of any religious institution, school, public park, or an area zoned and used exclusively for residential purposes, on the effective date of this ordinance shall be required to discontinue said adult entertainment business within two years from the date of the transfer of ownership or control if such business continues to be within 1,000 feet of another such business or within 500 feet of any religious institution, school, public park, or an area zoned and used exclusively for residential purposes within the City.

(Prior Code § 10-3.2012(E)(1); Ord. CS 394, § 1, 1979; Ord. CS 575, 1984)

A person possessing ownership or control of an adult entertainment business shall be permitted to transfer such ownership or control if such business is not within 500 feet of any religious institution, school, public park, or an area zoned and used exclusively for residential purposes and the only adult entertainment business or businesses within 1,000 feet if such business has been established under a variance from the requirements of this chapter, pursuant to the variance provisions set forth in Chapter 17.74. This exception shall not, however, apply to an adult entertainment business which has been established under such a variance.

(Prior Code § 10-3.2012(E)(2); Ord. CS 394, § 1, 1979; Ord. CS 575, 1984)