This section regulates the time, location, and manner of operating adult (sex-oriented) business establishments, where allowed in compliance with Article 44-2 (Zoning Classifications, Allowed Uses, and Development Standards), in compliance with Government Code Section 65850.4, in order to protect the public health, safety, and welfare. This section establishes reasonable and uniform regulations to prevent any harmful or inappropriate location and concentration of adult business establishments within the County, thereby reducing or eliminating the adverse secondary effects experienced by other cities and counties, such as crime, blight, and downgrading of the surrounding commercial districts and residential neighborhoods. Location of adult business establishments along the Interstate 5 corridor will be regulated in order to preserve the commercial, residential, and scenic character of the County’s main transportation corridor and a primary gateway to the County. (Ord. No. 765 § 2 (Exh. A) (part))

44-4.150.010 Definitions.

The terms specific to this section are defined below.

(a) Adult business establishment. An adult business establishment having a substantial or significant portion or its stock or fare in books, magazines, pictures, films, trade, media or live entertainment, which are distinguished or characterized by their emphasis on matter or live conduct depicting, describing, exposing, or relating to nudity or sexual activities. “Adult business establishment” includes, but is not limited to the following:

(1) Adult book store. An establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter, depicting, describing or relating to nudity or sexual activities or an establishment with a segment or section devoted to the sale or display of such materials.

(2) Adult motion picture theater. An enclosed building used for presenting material distinguished or characterized by an emphasis or manner depicting, describing or relating to nudity or sexual activities for observation by patrons therein.

(3) Adult hotel or motel. A hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to nudity or sexual activities.

(4) Adult motion picture arcade. Any place wherein coin or token-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 nudity or sexual activities.

(5) Cabaret. A nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on nudity or sexual activities.

(6) Massage parlor. Any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric, or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with nudity or sexual activities.

(7) Model studio. Any business where, for any form of consideration or gratuity, figure models who display nudity are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

(8) Sexual encounter center. Any business, agency, or person who, for any form of consideration or gratuity, provides a place where three or more persons may congregate, assemble, or associate for the purpose of engaging in nudity or sexual activities.

(9) Any business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing, or relating to nudity or sexual activities. (Ord. No. 765 § 2 (Exh. A) (part))

44-4.150.020 Applicability.

The regulations and standards within this section shall apply to adult business establishments, where allowed as identified in Article 44-2 (Zoning Classifications, Allowed Uses, and Development Standards), including the following forms:

A. New Business. The opening or commencement of operation of a business as a new business.

B. Conversion of an Existing Business. The conversion of an existing business, whether an adult business or not, to an adult business establishment or to activities associated with an adult business establishment.

C. Enlargement of Existing Business. The addition of an adult business establishment to an existing adult business if the addition results in enlargement of the place of business. For the purpose of this article, enlargement shall mean an increase in the size of the structure within which the business is conducted by either construction, use of an adjacent structure, or use of a portion of a structure, whether located on the same or adjacent lot. (Ord. No. 765 § 2 (Exh. A) (part))

44-4.150.030 Standards.

Adult business establishments shall comply with the following standards.

A. Location. It shall be unlawful to establish any adult business establishment if the location is:

1. Located within 1,000 feet of Interstate 5, or

2. Located within 2,000 feet of the following:

a. Any zone that allows residential uses by right,

b. Any house of worship or any noncommercial establishment operated by a bona fide religious organization,

c. Any public library, public building, or other public facility,

d. Any public, private, or parochial school, pre-school, child day care center, park, or playground, or any establishment or facility likely to be used by minors, or

e. Any other adult business establishment.

The applicant for an adult business establishment shall provide a vicinity map demonstrating that the location complies with the above requirements. For the purposes of this section, distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the property line in which the adult business will be located to the nearest property line of a use or zone described in items 1 and 2, above.

B. No adult business establishment shall be open nor shall any activity described in this section be conducted or carried on in the business premises between the hours of 2:00 a.m. and 10:00 a.m. of any day.

C. Signs or structures, advertisements, displays, or other promotional material depicting nudity or sexual activities, or displaying instruments, devices or paraphernalia designed for use in connection with sexual activities, shall not be exhibited or shown in a way that is visible from an exterior area.

D. Structure openings, entries, and windows shall be located, covered, or screened to prevent viewing the interior from an exterior area.

E. Loudspeakers or sound equipment audible to persons in a public area shall not be used in connection with an adult business, and the business shall be conducted so that sounds associated with the business are not emitted beyond the exterior walls of the structure in which the use is occurring.

F. Dumpsters used by an adult business establishment shall be locked when not in use to prevent access by the public.

G. The parking lot and exterior area shall be well-lit. Lighting shall not exceed the level and amount of lighting allowed under Section 44-3.30 (Outdoor Lighting).

H. The adult business applicant shall provide a written plan for on-site management that describes provisions for staff training and security during hours that the business is in operation. (Ord. No. 765 § 2 (Exh. A) (part))

44-4.150.040 Waiver of Locational Provisions.

Any property owner or his authorized agent may apply to the Commission for a waiver of any locational provisions contained in this section. The Commission, after a public hearing, may waive any locational provision, if all of the following findings are made:

A. The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this chapter will be observed;

B. The proposed use will not enlarge or encourage the development of a concentration of adult business establishments or contribute to secondary adverse effects, such as crime, blight, and downgrading of the surrounding commercial districts and residential neighborhoods;

C. The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation; and

D. All applicable regulations of the codes and ordinances of the County will be observed. (Ord. No. 765 § 2 (Exh. A) (part))