It is the intent of this Article to prevent community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can result from the concentration of Adult-Oriented Businesses in close proximity to each other or proximity to other incompatible uses such as private and public educational facilities for minors, places of religious assembly or worship, public parks and recreation areas, and residentially zoned districts or uses. The City Council finds that it has been demonstrated in various communities that the concentration of Adult-Oriented Businesses causes an increase in the number of transients in the area, an increase in crime, blight, and also causes other businesses and residents to move elsewhere. It is, therefore, the purpose of this Article to establish reasonable and uniform regulations to prevent the concentration of Adult-Oriented Businesses or their close proximity to incompatible uses, while permitting the location of Adult-Oriented Businesses in certain areas. In view of the various adverse secondary effects associated with Adult-Oriented Businesses, this Article shall be implemented in conjunction with Municipal Code requirements that establish licensing criteria sufficient to ensure the protection of the public health, safety and general welfare.

Definitions of the technical terms and phrases used in this Chapter are under "Adult Oriented Business" in Article 8 (Glossary).

The findings set forth in Ordinance Nos. 98-12 and 99-02 are hereby incorporated here by reference as if they were fully set forth here.

Adult-Oriented Businesses are allowed in the Limited Commercial (LC), General Commercial (GC) and Industrial Office Park (MP) Districts, as defined and described in Article 2 (Zoning Districts and Allowable Land Uses) of the Zoning Code. If any section, subsection, subdivision, sentence, clause, or phrase in this Article or any part thereof is for any reason held to be unconstitutional or invalid, ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article or any part thereof.

A.

Requirements. An Adult-Oriented Business may be established, located, or operated in any of the zoning districts set forth in Section 106.40.040 (Allowed Zones) above, consistent with each and every of the following:

1.

Separation from sensitive uses required. The Adult-Oriented Business shall be located at least 300 feet away from:

a.

A church, synagogue, mosque, temple or building or portion of a building or structure which is used for religious worship or related religious activities;

b.

The boundary of any residentially zoned land, whether in the City, in an adjoining city, or within an unincorporated area;

c.

Any public park, or recreational area, or property zoned, planned, or otherwise designated for such use by City action, including but not limited to a park, playground, nature trails, swimming pool, athletic field, basketball or tennis courts, or other similar public land within the City which is under the control, operation, or management of the City or park and recreation authorities;

d.

Any public or private educational facility including but not limited to child day care facilities, libraries, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, secondary schools, continuation schools, special education schools. This category of uses does not include vocational or professional institutions of higher education including but not limited to community or junior colleges, colleges and universities;

e.

A facility that caters primarily or exclusively to youth such as a boys club, girls club, boys and girls club, arcade, roller rink, or similar organization, and fast food restaurants with dedicated play areas for children.

2.

Measurement to sensitive uses. The uses and zones set forth in Subsections A.1.a. through e. shall be collectively known as "sensitive uses." The distance between an Adult-Oriented Business and a "sensitive use" shall be made in a straight line, without regard to the intervening structures or objects, from the closest exterior wall of the building or structure, or a portion of the building or structure, in which the Adult-Oriented Business is located to the boundary of the property on which the building or structure, or portion of the building or structure, in which the "sensitive use" occurs or is located. When an Adult-Oriented Business and a Subsection A.1.e. "sensitive use" are separated by an arterial roadway with six or more lanes designated for through traffic, this arterial shall be considered the functional equivalent of the requisite 300-foot buffer and the 300-foot distance requirement will not apply.

B.

Distance to another Adult-Oriented Business. The Adult-Oriented Business shall be located at least 500 feet away from another Adult-Oriented Business, whether in the City, in an adjoining city, or within an unincorporated area. The distance between any two Adult-Oriented Businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the building or structure, or portion of the building or structure, in which each Adult-Oriented Business is located.

C.

Failure to meet distance requirements. If any portion of the building or structure in which the Adult-Oriented Business is located fails to meet the distance criteria set forth in Subsections A and B herein, the entire building or structure shall be ineligible for an Adult-Oriented Business use.

D.

Boundary lines. The presence or existence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this Section.

E.

Satisfying the distance requirements. The distance criteria set forth in this Section must be satisfied as of the date a complete application for a general business license, development plan review, or a building permit is submitted to the City, whichever occurs first.

F.

Partial invalidation. If any section, subsection, subdivision, sentence, clause, or phrase in this Chapter or any part thereof is for any reason held to be unconstitutional or invalid, ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Chapter or any part thereof.

(Ord. No. 2011-003, § 2(A), 3-24-2011)

A.

Standards. Any Adult-Oriented Business otherwise authorized and/or operating within the City shall be established, located, and operated consistent with each and every of the following:

1.

Prohibition against minors in an adult-oriented business. It shall be unlawful for any Licensee, operator, or other person in charge of any Adult-Oriented Business to permit to enter, or remain within the Adult-Oriented Business, any person who is not at least 18 years of age or to provide any service for which this Chapter requires a license, to any person who is not at least 18 years of age.

2.

Concealing specified sexual activities and specified anatomical areas from public view. No Adult-Oriented Business shall be operated in any manner that permits the observation of any material or activities depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window, or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

3.

Posting notices relating to minors. No person under the age of 18 years shall be permitted within the Adult-Oriented Business any time. The building entrance to an Adult-Oriented Business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the Community Development Director or his or her designee.

4.

Indoor areas open to view by management. All indoor areas of the Adult-Oriented Business where patrons or members of the public are permitted, excluding rest rooms, shall be open to view by management at all times.

5.

Security guards. Adult-Oriented Business shall employ security guards in order to maintain the public peace and safety, based upon the following standards:

a.

Adult-Oriented Businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the Adult-Oriented Business is greater than 35 persons, an additional security guard shall be on duty.

b.

Security guards shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state law. No security guard required pursuant to this Section shall act as a door person, ticket seller, ticket taker, admittance person, entertainer or performer, or sole occupant of the manager's station while acting as a security guard.

6.

Register and license number of employees. Every Licensee of an Adult-Oriented Business that provides live entertainment depicting Specified Anatomical Areas or involving Specified Sexual Activities must maintain a register of all past and current persons so performing at the Adult-Oriented Business and their license numbers. Such register shall be available for inspection during regular business hours by any police officer of the City.

7.

Inspection.

a.

When the Chief of Police, the Community Development Director, Neighborhood Enhancement Specialists, and/or other City, County, or special district staff have reasonable cause to believe that violations of this Chapter and/or other provisions of the Zoning Code are occurring on the premises where an Adult-Oriented Business is operating, they, and/or their authorized representatives, may conduct a reasonable inspection of the public areas of and areas otherwise open to plain view on or within, the premises or the Adult-Oriented Business to the extent allowed by law and during the business hours of the Adult-Oriented Business.

b.

Nothing in this Section shall be deemed to prohibit the above-described officials and employees from pursuing any and all available legal remedies to secure entry into and inspection of the premises or Adult-Oriented Business if such entry is refused or, for any other reason allowed by law.

c.

It is a violation of this Chapter for a person who operates an Adult-Oriented Business or that person's agent or Employee to refuse to permit a lawful inspection of the Adult-Oriented Business at any time it is open for business.

8.

Restroom facilities. The Adult-Oriented Business shall provide and maintain separate rest room facilities for male patrons and Employees, and female patrons and Employees. Male patrons and Employees shall be prohibited from using the rest room(s) for females, except to carry out duties of repair, maintenance and cleaning of the rest room facilities. The rest rooms shall be free from any Adult Material. Rest rooms shall not contain television monitors or other motion picture or video projection, recording, or reproduction equipment. The foregoing provisions of this paragraph shall not apply to an Adult-Oriented Business which deals exclusively with the sale or rental of Adult Material which is not used or consumed on the premises, such as an Adult Bookstore or Adult Video Store, and which does not provide rest room facilities to its patrons or the general public.

B.

Compliance. The foregoing requirements of this Article shall be deemed conditions of Adult-Oriented Business License approvals and failure to comply with every such requirement shall be grounds for revocation of the license.

C.

Additional regulations for Adult Arcade. Any Adult-Oriented Business which is also an Adult Arcade shall comply with the following provisions:

1.

The interior of the Adult-Oriented Business shall be configured in such a manner that there is an unobstructed view from a manager station of every area of the Adult-Oriented Business to which any patron is permitted access for any purpose, excluding restrooms. If the Adult-Oriented Business has two or more manager stations designated, then the interior of the Adult-Oriented Business shall be configured in such a manner that there is an unobstructed view from at least one of the manager stations of each area of the Adult-Oriented Business to which any patron is permitted access.

2.

It shall be the duty to the Licensee to ensure that the view area required by Subsection C.1 is at all times unobstructed by any doors, walls, merchandise, display racks, or other materials while the Adult-Oriented Business is open to patrons.

3.

No viewing room or booth may be occupied by more than one person at any time.

4.

The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any two such rooms such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two such booths or rooms.

5.

Customers, patrons, or visitors shall not be allowed to stand idly by in the vicinity of any such video booths, or remain in the common area of such Adult-Oriented Businesses, other than the restrooms, unless actively engaged in shopping for or reviewing the products available or on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.

6.

The floors, seats, walls, and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen, or saliva in any such booths shall be evidence of improper maintenance and inadequate sanitary controls.

D.

Additional regulations relating to live entertainment. The following additional requirements shall pertain to Adult-Oriented Businesses providing live entertainment showing or simulating Specified Anatomical Areas or showing or simulating Specified Sexual Activities, except for businesses regulated by the California Department of Alcoholic Beverage Control.

1.

No person shall perform live entertainment for patrons of an Adult-Oriented Business except upon a stage at least 24 inches above the level of the floor which is separated by a distance of at least 10 feet from the nearest area occupied by patrons. Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between performers and patrons required by this Section. Performer shall mean any person who is an employee or independent contractor of the Adult-Oriented Business, or any person who, with or without compensation or other form of consideration, performs live entertainment for patrons of an Adult-Oriented Business.

2.

The Adult-Oriented Business shall provide separate dressing room facilities for performers which are exclusively dedicated to the performers' use.

3.

The Adult-Oriented Business shall provide an entrance/exit for performers which is separate from the entrance/exit used by patrons.

4.

The Adult-Oriented Business shall provide access for performers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the Adult-Oriented Business shall provide a minimum three-foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers which is capable of preventing any physical contact between patrons and performers.

5.

No performers, either before, during, or after performances, shall have physical contact with any patron and no patron shall have physical contact with any performer either before, during or after performances by such performer. This paragraph shall only apply to physical contact anywhere on or within the premises of the Adult-Oriented Business, including off-street parking areas.

6.

No patron shall directly pay or give any gratuity to any performer and no performer shall solicit any pay or accept gratuity from any patron.

7.

No owner or other person with managerial control over an Adult-Oriented Business shall permit any person on the premises of the Adult-Oriented Business to engage in a live showing of the human male or female genitals, pubic area, or cleavage between the buttocks with less than a fully opaque coverage, and/or the female breast with less than a fully opaque coverage over any part of the nipple or areola and/or covered male genitals in a discernibly turgid state. This paragraph may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered.

E.

Additional regulations for Adult Motels.

1.

Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated two or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the establishment is an Adult Motel.

2.

It is a violation of this Chapter when, as a person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have an Adult-Oriented Business License, the person rents or sub-rents a sleeping room to a person and, within 10 hours from the time the room is rented, rents or sub-rents the same sleeping room again.

3.

For purposes of Subsections E.1 and E.2, the terms "rent" or "sub-rent" mean the act of permitting a room to be occupied for any form of consideration.

F.

Additional regulations relating to the exhibition of sexually explicit films, videos or live entertainment in viewing rooms.

1.

Rooms. A person who operates or causes to be operated an Adult-Oriented Business, other than an Adult Motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, live entertainment or other video reproduction which shows or depicts Specified Sexual Activities or Specified Anatomical Areas, shall comply with the following requirements:

a.

Upon application for an Adult-Oriented Business License, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of premises to an accuracy of plus or minus six inches. The Chief of Police may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was first prepared.

b.

No alteration in the configuration or location of a manager's station may be made without the prior written approval of the Chief of Police.

c.

It is the duty of the Licensee of the Adult-Oriented Business to ensure that at least one licensed Employee is on duty and situated in each manager's station at all times that any patron is present inside the Adult-Oriented Business.

d.

The interior of the Adult-Oriented Business shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the Adult-Oriented Business to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video viewing equipment. If the Adult-Oriented Business has two or more designated manager's stations, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the Adult-Oriented Business to which any patron is permitted access, excluding restrooms, for any purpose from at least one of the manager's stations. The view required by this Section must be by direct line of sight from the manager's station.

e.

It shall be the duty of the Licensee to ensure that the view area specified in this Section remains unobstructed at all times by any doors, curtains, partitions, walls, merchandise, display racks or other materials.

f.

It shall be the duty of the Licensee to ensure that no patron is permitted access to any area of the Adult-Oriented Business which has been designated as an area in which patrons will not be permitted pursuant to subsection F.1 of this Section.

g.

No viewing room may be occupied by more than one person at any time.

h.

The Adult-Oriented Business shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five foot candles as measured at the floor level.

i.

It shall be the duty of the Licensee to ensure that the illumination required by this Section is maintained at all times that any patron is present in the premises.

j.

No openings of any kind shall exist between viewing rooms or booths.

k.

No person shall make or attempt to make an opening of any kind between viewing booths or rooms.

l.

The Licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.

m.

The Licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.

n.

The Licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within 48 inches of the floor.

o.

It is a violation of this Chapter for a person having a duty under this Section to knowingly fail to fulfill that duty.

G.

Additional regulations for Nude Model Studios.

1.

A Nude Model Studio shall not employ any person under the age of 18 years.

2.

It is a violation of this Chapter for a person under the age of 18 years to appear Semi-Nude or in a State of Nudity in or on the premises of a Nude Model Studio. It is a defense to prosecution under this Section if the person under eighteen 18 years was in a restroom not open to public view or visible to any other person.

3.

It is a violation of this Chapter for a person to appear in a State of Nudity, or knowingly allow another to appear in a State of Nudity in an area of a Nude Model Studio premises which can be viewed from the public right of way.

4.

A Nude Model Studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.

H.

Additional regulations concerning public nudity.

1.

It is a violation of this Chapter for a person knowingly and intentionally, in an Adult-Oriented Business, to appear in a State of Nudity or perform or simulate Specified Sexual Activities.

2.

It is a violation of this Chapter for a person knowingly or intentionally, in an Adult-Oriented Business, to appear in a Semi-Nude condition unless the person is an Employee who, while Semi-Nude, is upon a stage at least 24 inches above the level of the floor which is separated by a distance of at least 10 feet from the nearest areas occupied by patrons.

3.

It is a violation of this Chapter for an Employee or performer while Semi-Nude in an Adult-Oriented Business, to solicit any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any Employee.

4.

It is a violation of this Chapter for an Employee or performer, while Semi-Nude, to knowingly or intentionally touch a patron or the clothing of a patron.

I.

Validity. If any section, subsection, subdivision, sentence, clause, or phrase in this Chapter or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article or any part thereof.

A.

Date of amortization. Any Adult-Oriented Business that was lawfully operating on June 8, 2001 which is in violation of this Chapter, shall be deemed a nonconforming use.

B.

Nonconforming status when located too close to one another. If two or more Adult-Oriented Businesses are within 500 feet of one another and otherwise in a permissible location under this Chapter, the Adult-Oriented Business which was first established and continually operating at a particular location shall be deemed the conforming use and the later-established Adult-Oriented Business shall be deemed a nonconforming use.

C.

Nonconforming related to sensitive use. An Adult-Oriented Business lawfully operating as a conforming use on February 24, 1999, is not rendered a nonconforming use by the subsequent location of a "sensitive use" as set forth in Section 106.40.050.A (Distance requirements) herein, within 300 feet of the conforming Adult-Oriented Business use.

D.

Expiration for nonconforming uses. The nonconforming use will be permitted to continue for a period not to exceed one year from June 8, 2001, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming use shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use.

The owner or operator of a nonconforming Adult-Oriented Business use may apply under the provisions of this Section to the Community Development Director for an extension of time within which to terminate the nonconforming use.

A.

Time and manner of application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of this Chapter, may be filed by the owner of the real property upon which such nonconforming Adult-Oriented Business use is operated, or by the operator of the use. The application must be filed with the Community Development Director at least 30 days, but no more than 60 days, prior to the time established in Section 106.40.070 (Amortization of a Nonconforming Adult Oriented Business Use) for termination of the nonconforming Adult-Oriented Business use.

B.

Content of application, fees. The written application for extension shall state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the City Council.

The Community Development Director or his or her designee may require an applicant to provide additional written documentation from specified licensed professionals as necessary. The information may include, but not be limited to:

1.

A statement showing the original value of the building or structure within which the Adult-Oriented Business is operated;

2.

A statement showing that repair and maintenance costs on the building for a period of 12 consecutive months prior to June 8, 2001 does not exceed 25 percent of the current replacement cost of the nonconforming use; or

3.

A statement showing the percentage of value of the building or structure attributable to the Adult-Oriented Business use occurring therein.

C.

Hearing procedure. Either the Planning Commission or a hearing officer appointed by the City Manager, shall hear the application. The matter shall be set for hearing within 10 business days of receipt of the application. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious matters. Any hearing under this Section may be continued for a reasonable time for the convenience of a party or witness. The decision of the Planning Commission or hearing officer shall be final and subject to judicial review.

D.

Approval of extension; findings. An extension under this Section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the City Planning Commission or a hearing officer makes all of the following findings or such other findings as are required by law:

1.

The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming Adult-Oriented Business use is conducted, such property or structure cannot be readily converted to another use, and such investment was made prior to the effective date of this Article.

2.

The applicant will be unable to recoup said investment as of the date established for the termination of the use.

3.

The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with Section 106.40.040 (Allowed Zones).

A.

Separate offense for each day. Any person who knowingly violates any provision of this Article shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof and, shall be punished accordingly.

B.

Public nuisance. Any use or condition caused or permitted to exist in violation of any of the provisions of this Article shall be and is hereby declared a public nuisance and may be abated by the City pursuant to Chapter 16B of the City Code.

C.

Reserved.

D.

Civil injunction. The violation of any provision of this Article shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of City, create a cause of action for injunctive relief.

E.

Administrative penalties. In addition to the civil remedies and criminal penalties set forth above, any person that violates the provisions of this Article may be subject to administrative penalties, as set forth by City ordinance.

(Ord. No. 2011-003, § 3(C), 3-24-2011)