A.

It is the purpose of this chapter to establish reasonable and uniform regulations to prevent the concentration of adult entertainment establishments, as defined herein, within the city.

B.

It is the intent of this title that these regulations be utilized to prevent problems of blight and deterioration which accompany and are brought about by the concentration of adult entertainment establishments.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

It is the purpose of this section to provide clear and concise definitions of those words, terms and phrases most commonly utilized in the regulations and provisions of this chapter in order to assist in the uniform interpretation of said regulations and provisions and to insure uniformity in their application.

B.

It is intended that the following words, terms and phrases, whenever used in this chapter, shall be construed as defined in the following subsections, unless from the context a different meaning is specifically defined and more particularly directed to the use of such words, terms and phrases:

"Adult bookstore" means an establishment that devotes more than fifteen percent of the total floor area of the premises for the display or sale of the following:

1.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video recordings, slides, video or audio tapes, records, or forms of visual or audio representations that 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.

"Adult cabaret" means an establishment that regularly features live performances that are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas and/or which regularly features films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.

"Adult drive-in theater" means an open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats, and 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.

"Adult mini-motion picture theater" means an establishment, with a capacity of more than five but less than fifty persons, 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 distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.

"Adult model studio" means any establishment open to the public where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed so similarly depicted by persons, other than the proprietor, paying such consideration or gratuity. This definition does not include any school of art that is operated by an individual, firm, association, partnership, corporation or institution that meets the requirements established in the Education Code of the state of California for the issuance or conferring of, and is in fact authorized thereunder to issue and confer a diploma.

"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 distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

"Adult motion picture arcade (peep shows)" means any place to which the public is permitted or invited wherein coin 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 the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

"Adult motion picture theater" means an establishment, with a capacity of fifty or more persons, 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 distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.

"Adult theater" means a theater, concert hall, auditorium or similar establishment, either indoor or outdoor in nature which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified sexual activities or by exposure of specified anatomical areas for observation by patrons.

"Body painting studio" means an establishment or business that provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude in terms of specified anatomical areas.

"Establishing an adult entertainment business," as used in this chapter, 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 chapter;

3.

The addition of any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or

4.

The relocation of any such business.

"General bookstore" means an establishment engaged in the buying, selling and/or trading of new and/or used books, manuscripts, and periodicals of general interest. A general bookstore does not include an establishment that is encompassed by the definition of adult bookstore.

"General motion picture theater" means a building or part of a building intended to be used for the specific purposes of presenting entertainment as defined in this chapter, or displaying motion pictures, slides or closed circuit television pictures before an individual or assemblage of persons, whether such assemblage be of a public, restricted or private nature, except a home or private dwelling where no fee, by way of an admission charge, is charged; provided, however, that any such presentations are not distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas in that any such depiction or description is only incidental to the plot or story line.

"Headshop" means an establishment or place where more than fifteen percent of the floor area in any room is used for the sale and display of such paraphernalia and literature, including but not limited to cocaine, and sniffing kits, glass mirrors for cutting cocaine, snorting spoons and tubes, strainers to sift cocaine, water pipes (bongs), everyday items with special removable tops that have been converted to conceal narcotics and drugs, including beer cans, oil cans, and plastic photograph film vials, roach clips (for holding cannabis cigarettes), books, and magazines extolling the use of narcotics or controlled substances. Such a place is an adult entertainment establishment. This definition does not limit licensed pharmacies in selling and displaying paraphernalia, that is, medicinal equipment prescribed by licensed medical practitioners.

"Legitimate or live theater" means a theater, concert hall, auditorium or similar establishment which, for any fee or consideration, regularly features live performances which are not distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas in that any such depiction or description is only incidental to the primary purpose of the performance.

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

"Private viewing room" means an area separated from the sales or display area of the establishment by a curtain, wall, door, shade or similar obstruction thus allowing establishment by a curtain, wall, door, shade or similar obstruction thus allowing the private viewing of video tapes, movies, transparencies, films or projectable motion picture by customers at the establishments.

"Religious institution" means any church, synagogue, mosque, temple or building that is used primarily for religious worship and related religious activities.

"Sale and display of paraphernalia and literature commonly associated with the use of narcotics and controlled substances (headshop)" means an establishment or place where more than fifteen percent of the floor area in any room is used for the sale and display of such paraphernalia and literature, including but not limited to cocaine, and sniffing kits, glass mirrors for cutting cocaine, snorting spoons and tubes, strainers to sift cocaine, water pipes (bongs), everyday items with special removable tops that have been converted to conceal narcotics and drugs, including beer cans, oil cans, and plastic photograph film vials, roach clips (for holding cannabis cigarettes), books, and magazines extolling the use of narcotics or controlled substances. Such a place is an adult entertainment establishment. This definition does not limit licensed pharmacies in selling and displaying paraphernalia, that is, medicinal equipment prescribed by licensed medical practitioners.

"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 of 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 vocation or professional institution or an institution of higher education, including a community college.

"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 sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state of California engages in sexual therapy.

For the purposes of this chapter, "sexual encounter center" shall include massage or rap parlor and other similar establishments.

"Specified anatomical areas" means and includes any of the following:

1.

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts 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 and includes any of the following:

1.

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

2.

Sex acts, normal or perverted, actual or simulated; or

3.

Masturbation, actual or simulated; or

4.

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

"Transfer of ownership or control," as used in this chapter, means and includes any of the following:

1.

The sale, lease or sublease of an adult entertainment business; or

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.

"Video cassette sales and rentals—adult" means the same as "adult bookstore."

"Video games—adult" means coin-operated electronic game machines having visual displays and animation that depict in any manner, any sort of activity characterized by exposure of specified anatomical areas or specified sexual activities.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

No person or entity shall own, establish, operate, control or enlarge, or cause or permit the establishment, operation, enlargement or transfer of ownership or control, except pursuant to Section 18.62.060, of any of the following adult entertainment establishments unless such adult entertainment establishment is greater than five hundred feet from another adult entertainment establishment or greater than one thousand feet from any religious institution, school or park located within the city or greater than five hundred feet from any residentially zoned property (including office residential) located in the city, measured from property lines:

1.

Adult bookstore;

2.

Adult motion picture theater;

3.

Adult mini-motion picture arcade (peep shows);

4.

Adult arcade;

5.

Adult drive-in theater;

6.

Adult cabaret;

7.

Adult motel;

8.

Adult theater;

9.

Adult model studio;

10.

Body painting studio;

11.

Massage parlor;

12.

Adult video games;

13.

Adult video cassette sales and rentals;

14.

Sexual encounter establishment;

15.

Headshop: "Sale and display of paraphernalia and literature commonly associated with the use of narcotics and controlled substances (headshops)" means an establishment or place where more than fifteen percent of the floor area in any room is used for the sale and display of such paraphernalia and literature, including but not limited to cocaine, and sniffing kits, glass mirrors for cutting cocaine, snorting spoons and tubes, strainers to sift cocaine, water pipes (bongs), everyday items with special removable tops that have been converted to conceal narcotics and drugs, including beer cans, oil cans, and plastic photograph film vials, roach clips (for holding cannabis cigarettes), books, and magazines extolling the use of narcotics or controlled substances.

16.

Any other business which involves specified sexual activities or display of specified anatomical areas.

B.

An establishment listed in this section shall not be established, operated, enlarged or transferred unless the zone district in which the site or proposed site is located permits such a use. The conduct of such establishment and the use of premises shall otherwise comply with the city's land use code and all other applicable regulations.

C.

All adult entertainment establishments as listed in subsection A of this section shall only be permitted within the zone districts specified in Table 18.08.030 provided the minimum distance requirements as set forth in subsection A of this section are met and also upon the prior issuance of a conditional use permit.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The required minimum distance between any two adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest property line of each such business. The distance between any adult entertainment business and any religious institution, school, public park or residentially zoned land shall be measured in a straight line, without regard to intervening structures, from the closest property line of the adult entertainment business to the closest property line of the religious institution, school, public park or residential zone.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

All adult entertainment premises hereafter commenced shall, in addition to compliance with this title, be made to comply with the following specific requirements:

A.

Signs. In addition to the requirements of Chapter 18.56, all sign permits shall be subject to the following regulations:

1.

Each adult business shall be allowed one permanent sign, the area of which shall not exceed one square foot for each linear foot of building frontage on which the sign is to be placed. In no case can the sign exceed fifty square feet in area.

2.

Temporary signs of any kind are not permitted.

3.

Except for theater signs, changeable copy signs are not permitted.

4.

No sign shall depict or describe any specified anatomical areas or specified sexual activities.

B.

Exterior Painting. Buildings and structures shall be painted or surfaced with colors or textures that are similar to neighboring buildings or structures as determined by the community development department. Buildings and structures shall not be painted or surfaced with any design that would simulate a sign or advertising message.

C.

Advertisements, displays of merchandise, signs or any other exhibit depicting adult entertainment activities placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such buildings or premises.

D.

No outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to an adult entertainment use is allowed.

E.

Upon order of the city administrator, graffiti appearing on any exterior surface of a building or premises, which graffiti is within public view, shall be removed and that surface shall be restored within forty-eight hours of notification to the owner or person in charge of the premises.

F.

No consumption of alcohol shall be allowed in conjunction with, or on the premises of, any adult entertainment establishment as defined in this chapter.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Notwithstanding any other provision of this code to the contrary, the provisions of this chapter shall be applicable to all land within the city.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The provisions of this chapter do not waive or modify any other provision of this municipal code.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The operation of adult entertainment establishments shall prohibit the admission of minors.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

It is unlawful for any person or entity that is subject to the regulations of this chapter, and that sells or rents prerecorded video tapes, movies, transparencies, films, projectable motion pictures or equipment used for showing any or all of these items, to offer or allow the viewing of these materials in private viewing rooms, as defined in Section 18.62.020.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

An adult entertainment establishment hereinafter permitted and legally operating as a conforming use is not rendered a nonconforming use by the location of a religious institution, school or public park within one thousand feet or a residential (including office residential) zone within five hundred feet of the adult entertainment establishment. This provision does not apply after a permit has expired, been suspended or revoked.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)