The intent of this chapter is to regulate zoning of adult-oriented businesses which, unless closely regulated, may have serious secondary effects on the community. These secondary effects include, but are not limited to: depreciation of property values, increases in vacancy rates in residential and commercial areas, increases in incidences of criminal activity, increases in noise, litter and vandalism, and the interference with property owners' enjoyment of their property in the vicinity of such businesses.

It is neither the intent nor effect of this chapter to impose limitations or restrictions on the content of any communicative material. Similarly, It is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials, or to deny access by the distributors or exhibitors of sexually oriented entertainment to their intended market.

Nothing in this chapter is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any City ordinance or any law of the State of California regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter, or the exhibition or public display thereof.

(Ord. 183 § 2 (part), 2005)

As used in this chapter:

"Adult bookstore" means any establishment, which, as a regular and substantial course of conduct, displays and/or distributes sexually oriented merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral, or visual representations which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

"Adult cabaret" means a nightclub, bar, lounge, restaurant, or similar establishment or concern which features, as a regular and substantial course of conduct, any type of adult live entertainment, films, motion pictures, videos, slides, other photographic reproductions, or other oral, written, or visual representations which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

"Adult hotel/motel" means a hotel or motel, which, as a regular and substantial course of conduct, provides to its patrons, through the provision of rooms equipped with closed-circuit television or other medium, material which is distinguished or characterized by the emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts; or which rents, leases, or lets any room for less than a twelve (12) hour period; or rents, leases, or lets any room more than once in a twenty-four (24) hour period; or which advertises the availability of any of the above.

"Adult live entertainment" means any physical human body activity, whether performed or engaged in alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling, or pantomiming, in which the performer or performers expose to public view, without opaque covering, specified anatomical parts, or depicting, describing, or relating to specified sexual activities, whether or not the specified anatomical areas are covered.

"Adult model studio" means any premises where there is furnished, provided, or procured a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts where such model(s) is being observed or viewed by any person for the purpose of being sketched, painted, drawn, sculptured, photographed, filmed, or videotaped for a fee, or any other thing of value, as a consideration, compensation, or gratuity for the right or opportunity to so observe the model or remain on the premises. "Adult model studio" shall not include any live art class or any studio or classroom which is operated by any public agency or any private educational institution authorized to issue and confer a diploma or degree under California Education Code Section 94300 and following.

"Adult motion picture arcade" means any business establishment or concern containing coin or slug-operated, or manually or electronically controlled still, motion picture or video machines, projectors, or other image-producing devices that are maintained to display images to an individual in individual viewing areas when those images are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

"Adult-oriented business" means any business establishment or concern which, as a regular and substantial course of conduct, performs or operates as an adult bookstore, adult theater, adult motion picture arcade, adult cabaret, adult model studio, adult motel/hotel; any business establishment or concern which, as a regular and substantial course of conduct, sells or distributes sexually oriented merchandise or sexually oriented material; or any other business establishment or concern which, as a regular and substantial course of conduct, offers to its patrons products, merchandise, services, or entertainment characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical parts. "Adult-oriented business" does not include those uses or activities, the regulation of which is preempted by state law.

"Adult theater" means a business establishment or concern which, as a regular and substantial course of conduct, presents adult live entertainment, motion pictures, videos, slide photographs, or other pictures or visual reproductions which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

"Establish" means any of the following:

1.

The opening or commencement of any adult-oriented business as a new business;

2.

The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business;

3.

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

4.

The relocation of any such adult-oriented business.

"Freeway commercial north area" means all property within the City which has a zoning designation of freeway commercial (C-F) and is located north of the centerline of Grand Avenue and east of the centerline of Peyton Drive.

"Freeway commercial south area" means all property within the City which has a zoning designation of freeway commercial (C-F) and is located south of the centerline of Grand Avenue.

"General commercial north area" means all property within the City which has a zoning designation of general commercial (C-G) and is located north of the centerline of Grand Avenue and east of the centerline of Peyton Drive.

"General commercial south area" means all property within the City which has a zoning designation of general commercial (C-G) and is located south of the centerline of Grand Avenue.

"Live art class" means any premises on which all of the following occur: there is conducted a program of instruction involving the drawing, photographing, or sculpting of live models exposing specified anatomical parts; instruction is offered in a series of at least two classes; the instruction is offered indoors; an instructor is present in the classroom while any participants are present; and preregistration is required at least twenty-four (24) hours in advance of participation in the class.

"Operate" means the supervising, managing, inspecting, directing, organizing, controlling, or in any way being responsible for or in charge of the premises of an adult-oriented business or the conduct of activities occurring on such premises.

"Sexually oriented material" means any element of sexually oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, or other written, oral, or visual representation which, for purposes of sexual arousal, provides depictions which are characterized by an emphasis on matter depicting, describing, or relating to specific sexual activities or specified anatomical parts.

"Sexually oriented merchandise" means sexually oriented implements and paraphernalia including but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery-operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity.

"Specified anatomical parts" means any of the following:

1.

Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below a point immediately above the top of the areola; or

2.

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

"Specified sexual activities" means:

1.

Actual or simulated sexual intercourse; oral copulation; anal intercourse; oral-anal copulation; bestiality; direct physical stimulation of unclothed genitals; flagellation, cutting, stabbing, piercing, or torture in the context of a sexual relationship; the use of human or animal excretory function in the context of a sexual relationship; or any of the following depicted sexually oriented acts or conduct: anilingus, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, or pedophilia; or

2.

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

3.

Human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; 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 sexually oriented contact with an animal by a human being; or

7.

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

8.

The presence of any person who engages in any specified sexual activity; or who exposes any specified anatomical part; or who performs adult live entertainment in attire commonly referred to as pasties or a G-string, or any other opaque covering which covers only the areola or nipples of the female breast, and, while covering the natal cleft and pubic area, covers less than one inch on either side of the entire length of the natal cleft and two inches across the pubic area.

(Ord. 183 § 2 (part), 2005)

It is unlawful for any person to establish or operate any adult-oriented business within the City without first obtaining, and continuing to maintain in full force and effect, an adult-oriented business permit and a business license from the City.

(Ord. 183 § 2 (part), 2005)

Adult-oriented businesses shall only be established and operated within the freeway commercial north area and the general commercial north area.

(Ord. 183 § 2 (part), 2005)

Adult-oriented businesses shall obtain and maintain an adult-oriented business permit in compliance with all applicable requirements of Chapter 5.08 of this Code.

(Ord. 183 § 2 (part), 2005)

The provisions of this chapter are not intended to provide exclusive regulation of the regulated adult uses. Such uses must comply with any and all applicable regulations imposed in other articles of the zoning code, other City ordinances, and state and federal law.

(Ord. 183 § 2 (part), 2005)