The purpose of this chapter is to provide special design guidelines/standards and development regulations which regulate the time, place and manner of the operation of adult use facilities in order to minimize the negative secondary effects associated with such facilities.

(Ord. No. O-02-16, § 4, 2-16-2016)

In addition to the definitions contained in the Municipal Code, the following words and phrases shall, for the purposes of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with the current provisions of the Municipal Code, these definitions shall prevail:

"Adult Arcade" means any business establishment or concern to which the public is permitted or invited and where coin or slug operated or electronically, electrically or mechanically controlled amusement devices, still or motion picture machines, projectors, videos or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing "Specified Sexual Activities" or "Specified Anatomical Areas."

"Adult Bookstore" means any business establishment or concern having as a regular and substantial portion of its stock in trade, "Material" (as defined below) which is distinguished or characterized by its emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas."

"Adult Business" or "Adult Use" means:

1.

Any business establishment or concern which as a regular and substantial course of conduct operates as an Adult Bookstore, Adult Theater, Adult Arcade, Adult Cabaret, Adult Figure Modeling Studio, Adult Motel or Hotel; or

2.

Any business establishment or concern which as a regular and substantial course of conduct offers, sells or distributes Adult Oriented Merchandise or sexually oriented merchandise, or which offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Parts," but not including those uses or activities which are preempted by state law.

"Adult Cabaret" or "Adult Nightclub" means a business establishment or concern (whether or not serving Alcoholic Beverages) which features live performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers or similar entertainers, and where such performances are distinguished or characterized by their emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas."

"Adult Dance Studio" means any business establishment or concern which provides for members of the public a partner for dance where the partner, or the dance, is distinguished or characterized by the emphasis on matter depicting, or describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas."

"Adult Oriented Merchandise" (or sexually oriented merchandise) means sexually oriented implements, paraphernalia or novelty items, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, 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 or distinguished or characterized by their emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas."

"Adult Theater" means a theater or other commercial establishment with or without a stage or proscenium which is used for presenting, on a regular and substantial basis, "Material" which is distinguished or characterized by an emphasis on matter depicting, or describing, or relating to "Specified Sexual Activities" or "Specified Anatomical Areas."

"Arcade Booth" means any enclosed or partially enclosed portion of an establishment in which an Adult Arcade is located, or where a live performance is presented, on a regular or substantial basis, where the material presented is distinguished or characterized by an emphasis on matter depicting, or describing, or relating to "Specified Sexual Activities" or "Specified Anatomical Areas."

"M-1 Light Industrial Zone" means any property within the City which is zoned M-1 Light Industrial Zone on the City's Official Zoning Map adopted by Ordinance No. 0-14-92, effective August 21, 1992, as may be amended from time to time.

"M-2 Heavy Industrial Zone" means any Property within the City which is zoned M-2 Heavy Industrial Zone on the City's Official Zoning Map adopted by Ordinance No. 0-14-92, effective August 21, 1992, as may be amended from time to time.

"Material" relative to Adult Businesses, means and includes, but is not limited to, accessories, books, magazines, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes or electronically generated images or devices including computer software, or any combination thereof.

"Park" means any property within the City which is zoned "Public Park" on the City's Official Zoning Map adopted by Ordinance No. 0-14-92, effective August 21, 1992, as may be amended from time to time.

"Performer" means any person who is an employee or independent contractor of the Adult Business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an Adult Business.

"Religious Institution" means a facility used primarily for religious assembly or worship and related religious activities.

"Residential Zone" means any property within the City which is zoned "Residential," including R-E (Residential Estate Zone), R-1 (Low Density Residential Zone), R-2 (Medium Density Residential Zone) and R-3 (High Density Residential Zone) as set forth on the City Zoning Map, adopted by Ordinance No. 0-14-92 on August 21, 1992 and fully incorporated by this reference, and as may be amended from time to time. "Residential Zone" also includes residential zones contained within Specific Plan areas and the Planned Community Development Overlay Zone as set forth on the City Zoning Map.

"School" means any 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 and has an approved use permit, if required, under the applicable jurisdiction. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school. The definition of School does not include a community or junior college, college or university, or a vocational institution.

"Specified Anatomical Areas" means:

1.

Less than completely and opaquely covered:

a.

Human genitals, pubic region,

b.

Buttock, or

c.

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

2.

Any device or covering, when exposed to view, which simulates the female breast below a point immediately above the top of the areola, human genitals, pubic region or buttock; or

3.

Human or simulated male genitals in a discernible turgid state, even if completely and opaquely covered.

"Specified Sexual Activities" means:

1.

Human genitals in a state of sexual stimulation or arousal; and/or

2.

Acts of human masturbation, sexual stimulation or arousal; and/or

3.

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

4.

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

5.

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

6.

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

(Ord. No. O-02-16, § 4, 2-16-2016)

A.

Subject to the limitations of this chapter, Adult Businesses or Adult Use may be located in the M-2 (Heavy Industrial Zone) or M-1 (Light Industrial Zone) of the City, subject to the following:

1.

Within a one thousand-foot radius of a Residential Zone. The distance between a proposed use and a Residential Zone shall be measured from the nearest exterior wall of the facility housing the Adult Business or proposed Adult Use to the nearest property line included within the Residential Zone, measured along a straight line extended between the two points.

2.

Within a one thousand-foot radius of a school or park. The distance between the proposed Adult Business or Adult Use and a school or park shall be measured from the nearest exterior wall of the facility housing the Adult Business or Adult Use to the nearest property line of the school or park site, along a straight line extended between the two points.

3.

Within a one thousand-foot radius of a religious institution. The distance between the Adult Business or proposed Adult Use and a religious institution shall be measured from the nearest exterior wall housing the Adult Business or proposed Adult Use along a straight line extended to the nearest exterior wall of the facility housing the religious institution.

4.

For properties located in the M-1 (Light Industrial Zone), it is unlawful to establish any adult business, except as specified in the following locations:

Location 1: Properties south of 1-10 Freeway and west of intersection of Hunts Lane and Steel Road, eastern boundary is to include 2200 East Steel Road (APN: 0164-27-106) to western boundary to include 2131 East Steel Road (APN: 0164-311-29), southern boundary is north of 2150 Oliver Holmes Road (APN: 0164-311-02) and southeastern boundary is west of 551 South Hunts Lane (APN: 0164-27-103).

Location 2: Properties west of 215 Freeway, from 2185 (APN: 1167-131-14) to 2283 La Crosse Avenue (APN: 1167-131-09) east of the Southern Pacific Railroad property (APN: 1167-131-11).

B.

The Establishment of any Adult Business or Adult Use shall include the opening of such a business as a new business, the relocation of the business, or the conversion of an existing business, or an increase of more than fifty percent of the square footage of an existing business, or of an existing Adult Business or Adult Use to a different type of Adult Business or Adult Use.

(Ord. No. O-02-16, § 4, 2-16-2016)

A.

Hours of Operation. It is unlawful for any operator or employee of an Adult Business to allow such Adult Business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service, between the hours of twelve a.m. and eight a.m. of any day.

B.

Lighting Requirements. All exterior areas of the Adult Business shall be illuminated at a minimum of one footcandle throughout the premises, minimally maintained and evenly distributed at ground level.

C.

Access Provision. The operator shall not permit any doors on the premises to be locked during business hours and, in addition, the operator shall be responsible to see that any room or area on the premises shall be readily accessible at all times and shall be open to view in its entirety for inspection by any Law Enforcement Officer.

D.

Minors' Access.

1.

X-Rated Movies. X-rated movies or video tapes shall be restricted to persons over eighteen years of age. If an establishment that is not otherwise prohibited from providing access to persons under eighteen years of age sells, rents or displays videos that have been rated "X" or rated "NC-17" by the Motion Picture Rating Industry (MPAA), or which have not been submitted to the MPAA for a rating, and which consist of images which are distinguished or characterized by an emphasis on depicting or describing "Specified Sexual Activities" or "Specified Anatomical Areas," such videos shall be located in a specific section of the establishment where persons under the age of eighteen shall be prohibited and shall not be visible from outside the premises.

2.

Other Adult Materials. Access to adult materials shall be restricted to persons over eighteen years of age.

E.

Regulation of Closed Booths. No one shall maintain any Arcade Booth or individual viewing area unless the entire interior of such premises wherein the picture or entertainment that is viewed is visible upon entering into such premises; and further, that the entire body of any viewing person is also visible immediately upon entrance to the premises without the assistance of mirrors or other viewing aids. No partially or fully enclosed booths/individual viewing area or partially or fully concealed booths/individual viewing area shall be maintained. No Arcade Booth shall be occupied by more than one patron at a time. No holes shall be permitted between Arcade Booths or individual viewing area.

F.

Regulation of Viewing Areas. All viewing areas within the Adult Business shall be visible from a continuous and accessible main aisle in a public portion of the establishment, and not obscured in any manner by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing into the viewing area from the main aisle. A manager shall be stationed in the main aisle or video monitoring shall be established at a location from which the inside of all of the viewing areas are visible at all times in order to enforce all rules and regulations. All viewing areas shall be designed or operated to permit occupancy of either one person only, or more than ten persons. "Viewing area" means any area in which a person views performances, pictures, movies, videos or other presentations.

G.

Business License. A person shall not own, operate, manage, conduct or maintain an Adult Business without first having obtained a Business License from the Development Services Director pursuant to Chapter 5.02 of the Colton Municipal Code. The issuance or denial of the Business License shall be made within fifteen days of the applicant's submitted application.

H.

On-Site Manager—Security Measures. All Adult Businesses shall have a person who shall be at least eighteen years of age and shall be on the premises to act as manager at all times during which the business is open. Any and all individual(s) designated as the on-site manager shall be registered with the City's Development Services Director by the owner to receive all complaints and be responsible for all violations taking place on the premises.

The Adult Business shall provide a security system that visually records and monitors all parking lot areas, or in the alternative, uniformed security guards to patrol and monitor the parking lot areas during all business hours. A sign indicating compliance with this provision shall be posted on the premises. The sign shall not exceed two by three feet and shall at a minimum be one foot by one and one-half feet.

I.

Adult Business—Operating Requirements. No person, association, partnership or corporation shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on the operation of an Adult Business unless each and all of the following requirements are met:

1.

No Employee, Owner, Operator, responsible managing employee, manager or permittee of an Adult Business shall allow any person below the age of eighteen years upon the premises or within the confines of any Adult Business if no liquor is served, or under the age of twenty-one if liquor is served.

2.

All Employees of Adult Businesses, other than performers while performing, shall, at a minimum while on or about the licensed premises, wear an opaque covering which covers their Specified Anatomical Areas.

3.

No person shall perform live entertainment for patrons of an Adult Business except upon a permanently fixed stage which is at least eighteen inches above the level of the floor, separated by a distance of at least six feet from the nearest area occupied by patrons and surrounded with a three-foot-high permanent barrier.. No patron shall be permitted within six feet of the stage while the stage is occupied by a performer.

When patrons are present at the establishment, they shall not be allowed to directly touch, fondle or caress, as those terms are defined in Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986), the performers while they are performing. This prohibition does not extend to incidental touching. Patrons shall be advised of the separation and no touching requirements by signs placed on the barrier and if necessary by employees of the establishment.

4.

If patrons wish to tip performers, receptacles shall be at least six feet from the permanently fixed stage. Patrons shall not throw tips to performers, hand tips directly to performers or place tips in the performers' costumes.

(Ord. No. O-02-16, § 4, 2-16-2016)

A.

No Adult Business may be established or operate within the City by right—all persons wishing to establish an Adult Business or Adult Use within the City must apply for and receive an Adult Use Development Permit under this chapter.

B.

It is the burden of the applicant to supply evidence to justify the grant of an Adult Use Development Permit. Such evidence shall include information, maps and/or exhibits that shows compliance with the provision of section 18.49.030 of this chapter.

C.

Any Person desiring to establish or operate an Adult Business or Adult Use within the City shall file with the Development Services Director an Adult Use Development Permit application on a standard application form supplied by the Development Services Department.

(Ord. No. O-02-16, § 4, 2-16-2016)

A.

The application must be signed by the owner or lessee of the property where the Adult Business or Adult Use will take place. If the application is signed by a lessee, a notarized statement signed by the owner shall accompany the application. Proof of status is required.

B.

The Development Services Department shall set forth the contents required for such applications for an Adult Use Development Permit.

C.

All applicants for an Adult Use Development Permit must also fill out the City's environmental package for purposes of complying with the California Environmental Quality Act (CEQA).

(Ord. No. O-02-16, § 4, 2-16-2016)

The City Council, by resolution, shall set a reasonable nonrefundable application fee for persons applying for an Adult Use Development Permit. The fee shall not exceed the reasonable estimated costs of the City expended in processing the application.

(Ord. No. O-02-16, § 4, 2-16-2016)

A.

The Planning Commission (the Commission) shall grant, conditionally grant or deny an application for an Adult Use Development Permit in accordance with the approval criteria contained in Section 18.49.120 of this chapter. Any conditions imposed upon the permit shall be in keeping with the objective development standards of this chapter and the underlying zoning district in which the property is located.

B.

The completeness of the application shall be determined by the Development Services Director within fifteen calendar days of its submittal to the Development Services Director.

C.

Upon the filing of a completed application, the Commission shall cause to be made by its own members, or members of its staff, an appropriate investigation, including consultation with the Building, Police, Fire and Health Departments and inspection of the premises as needed. Consultation is not grounds for the City to unilaterally delay in reviewing a completed application.

D.

In reaching a decision, the Commission shall not be bound by the formal rules of evidence.

E.

After the investigation has been completed within ten days or a specified time period that falls within subsection (G) of this section, the Commission shall conduct a noticed public hearing on the application for an Adult Use Development Permit.

F.

Notice of the time and place of the hearing shall be given by notice through the U.S. Mail, with postage prepaid, to all persons shown on the last equalized assessment roll of the County, as owning property within a distance of three hundred feet from the external boundaries of the property described in the application. Further notice shall be given by publication in a newspaper of general circulation within the City at least ten days before the scheduled hearing.

G.

The Planning Commission shall render a written decision on the application for an Adult Use Development Permit within thirty days of receiving a completed application. The Commission is authorized to impose conditions reasonably related to the impacts generated by the proposed Adult Business or Adult Use. However, in the event a negative declaration, mitigated negative declaration or any type of Environmental Impact Report needs to be prepared for the Project pursuant to the California Environmental Quality Act (CEQA, Public Resources Code Section 21000, et seq.) and the companion guidelines (CEQA guidelines, Title 14 California Code of Regulation Section 15000, et seq.), then those timeframes set forth in CEQA and the CEQA guidelines shall apply.

H.

The failure of the Commission to render such a decision within the time frames set forth above shall be deemed to constitute an approval.

I.

Written Notice of the Commission's decision shall be hand delivered or mailed to the applicant within forty-eight hours.

(Ord. No. O-02-16, § 4, 2-16-2016)

A.

Any interested person may appeal the decision of the Commission to the City Council in writing within ten days after the Commission's written decision. The City Council within the same ten days may also initiate such an appeal.

B.

Consideration of an appeal of the Commission's decision shall be at a public hearing which shall be noticed as provided in Section 18.49.080.F. above and shall occur within thirty days of the filing or initiation of the appeal.

C.

The City Council action on the appeal of the Commission's decision shall be by a majority vote of the quorum and upon the conclusion of the de novo public hearing. The City Council shall grant, conditionally grant or deny the application in accordance with the approval criteria contained in Section 18.49.120 of this chapter. The City Council's decision shall be final and conclusive.

D.

In reaching its decision, the City Council shall not be bound by the formal rules of evidence.

(Ord. No. O-02-16, § 4, 2-16-2016)

A.

The time for court challenge to a final decision by the Commission or City Council is governed by California Code of Civil Procedure Section 1094.6.

B.

Notice of the Commission's or City Council's decision and its findings shall be mailed to the applicant within forty-eight hours and shall include citation to California Code of Civil Procedure Section 1094.6.

(Ord. No. O-02-16, § 4, 2-16-2016)

Any Adult Use Development Permit approved pursuant to this chapter shall become null and void if not exercised within one year from the date of the approval. If an Adult Business ceases to operate for a period of six months, the Adult Use Development Permit shall become null and void. A permit extension shall be granted if prior to the expiration date the permittee demonstrates to the satisfaction of the City's Planning Commission that it has a good faith intent to presently commence the proposed use. Such extensions shall not exceed a total of two six-month extensions.

(Ord. No. O-02-16, § 4, 2-16-2016)

A.

The Commission or City Council shall approve or conditionally approve an application for an Adult Use Development Permit where the information submitted by the applicant substantiates the following findings:

1.

That the proposed use complies with the objective development and design requirements of zone in which it is located and with the applicable standards of this chapter;

2.

That the proposed site is not located within a one thousand-foot radius of a Residential Zone. The distance between a proposed use and a Residential Zone Shall be measured from the nearest exterior wall of the facility housing the Adult Business or proposed Adult Use, to the nearest property line included within the Residential Zone, along a straight line extended between the two points;

3.

That the proposed site is not located within a one thousand-foot radius of a school or park. The distance between the proposed use and a School or park shall be measured from the nearest exterior wall of the facility housing the Adult Business or proposed Adult Use to the property line of the nearest school or park site, along a straight line extended between the two points;

4.

That the proposed site is not located within a one thousand-foot radius of a religious institution. The distance between the Adult Business or proposed Adult Use and a religious institution shall be measured from the nearest exterior wall housing the Adult Business or proposed Adult Use along a straight line extended to the nearest exterior wall of the facility housing the religious institution;

5.

That neither the applicant, if an individual, or any of the officers or general partners, if a corporation or partnership, have been found guilty or pleaded nolo contendere within the past four years of a misdemeanor or a felony classified by the state as a sex or sex-related offense.

(Ord. No. O-02-16, § 4, 2-16-2016)

A.

Any permit issued pursuant to the provisions of this chapter may be revoked by the City on the basis of any of the following:

1.

That the business or use has been conducted in a manner which violates one or more of the conditions imposed upon the issuance of the permit or which fails to conform to the plans and procedures described in the application, or which violates the occupant load limits set by the Fire Marshal;

2.

That the permittee has failed to obtain or maintain all required City, County and State licenses and permits;

3.

That the permit is being used to conduct a use different from that for which it was issued;

4.

That the permittee has misrepresented a material fact in the application for Adult Use Development Permit or has not answered each question therein truthfully;

5.

That the building or structure in which the Adult Business is to be conducted is hazardous to the health or safety of the employees or patrons of the business or of the general public under the standards set forth in the City's Building, Electrical, Plumbing or Fire Code;

6.

That the permittee, if an individual, or any of the officers or general partners, if a corporation or partnership is found guilty or pleaded nolo contendere to a misdemeanor or felony classified by the state as a sex or sex-related offense during the period of the Adult Business' operation; or

7.

That the use for which the approval was granted has ceased to exist or has been suspended for six months or more.

B.

Written notice of hearing on the proposed permit revocation, together with written notification of the specific grounds of complaint against the permittee shall be personally delivered or sent by certified mail to the permittee at least ten days prior to the hearing.

C.

The Commission shall provide notice and conduct a public hearing on the proposed permit revocation. Written notice shall be provided within at least ten days prior to the hearing to all parties who have expressed their interest in writing. The notice shall inform the permittee of the reasons for revocation.

D.

The revocation hearing shall be heard by the Commission. The Commission shall not be bound by the formal rules of evidence at the hearing.

E.

The Commission shall revoke, not revoke, or not revoke but add additional conditions to, the permittee's Adult Use Development Permit. Any additional conditions imposed upon the permit shall be in keeping with the objective development standards of this chapter as set forth in Sections 18.49.020 and 18.49.120 above, and the underlying zoning district in which the property is located.

F.

The Commission shall make its decision within thirty days of the conclusion of the public hearing.

G.

The Commission's decision shall be by resolution, and shall be hand delivered or mailed to the applicant within forty-eight hours and mailed to all property owners within three hundred feet of the use.

H.

Any interested person may appeal the decision of the Commission to the City Council in writing within ten days after the written decision of the Commission in accordance with the provisions of Section 18.58.070 of this chapter.

I.

In the event a permit is revoked pursuant to this chapter, another Adult Use Development Permit to operate an Adult Business shall not be granted to the permittee within twelve months after the date of such revocation.

(Ord. No. O-02-16, § 4, 2-16-2016)

Any person who violates any section of this chapter shall be guilty of a misdemeanor and subject to a fine of one thousand dollars and/or imprisonment in the County jail for a period of up to six months or any other legal remedy available pursuant to the Colton Municipal Code.

(Ord. No. O-02-16, § 4, 2-16-2016)

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 chapters of the zoning code, other City ordinances and state and federal law.

(Ord. No. O-02-16, § 4, 2-16-2016)

The conduct of any business within the City in violation of any of the terms of this chapter is found and declared to be a public nuisance, and the City Attorney or the District Attorney may, in addition or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate or remove such Adult Business or Adult Use and restrain and enjoin any person from conducting, operating or maintaining an Adult Business or Adult Use contrary to the provisions of this chapter.

(Ord. No. O-02-16, § 4, 2-16-2016)

All zoning, design and performance standards set forth in this chapter are deemed to be necessary for the protection of the public health, safety and welfare and shall be applicable and govern all existing and proposed adult businesses in the City.

In the event that there is any adult business lawfully in existence prior to the adoption of this chapter and is not in compliance with the zoning, design and performance standards of this chapter, any such adult business shall conform to all zoning, design and performance standards six (6) months after written notice of their applicability to any specific use. Failure to comply with the zoning, design and performance standards of this chapter within such six (6) month period, shall require amortization and removal of such use.

Notwithstanding anything to the contrary contained in this section, the amortization period for a nonconforming use that is governed by consent decree or other court action shall have theamortization period established by such consent decree or court actions.

(Ord. No. O-11-23, § 2, 11-7-2023)