El Cajon City Zoning Code
CHAPTER 17
45 ADULT ENTERTAINMENT ESTABLISHMENT REGULATIONS
§ 17.45.010 Legislative findings.
The council makes the following legislative findings:
A.
The possession, display, exhibition, distribution and sale of books, magazines, motion pictures, prints, photographs, periodicals, records, novelties and devices which depict, illustrate, describe or relate to specified sexual activities is a business that exists within the city.
B.
The operating and maintaining of places:
1.
Where parts of one person are treated or encountered by rubbing, stroking, kneading or tapping by a second person, accompanied by the display or exposure of specified anatomical areas; or
2.
Presenting dancers displaying or exposing specified anatomical areas are businesses that exist or may wish to locate within the city.
C.
When the activities detailed in subsections A and/or B are present in an area of the city, other activities tend to accompany them which are illegal, immoral or unhealthful, such as prostitution, pandering, solicitation for prostitution, lewd and lascivious behavior, exposing minors to harmful materials, possession, distribution and transportation of obscene materials, sale or possession of controlled substances, and violent crimes against persons and property, and these objectionable activities are recognized as particularly harmful when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas, including a decrease in property values, and an increase in urban blight and deterioration.
E.
The buildings and establishments in which these activities and business operations take place:
(Ord. 4950 § 3, 2010)
§ 17.45.020 Purpose.
The purpose of this chapter is to establish a comprehensive set of reasonable and uniform regulations to prevent the concentration of adult entertainment establishments within the city and more particularly:
A.
To protect property values;
B.
To prevent blight and the deterioration of the city's neighborhoods;
C.
To enhance the quality of life in the city's neighborhoods;
D.
To preserve and stabilize the city's neighborhoods; and
E.
To decrease the incidents of crime and juvenile delinquency.
It is not the purpose of this chapter to establish community standards on obscenity. It is also not the purpose of this chapter to allow the establishment of adult entertainment activities, which are in violation of the laws of the state of California. These matters are preempted by the state and are subject to state regulation, and it is not the intent of the council to legislate with respect to preempted matters. |
(Ord. 4950 § 3, 2010)
§ 17.45.030 Title.
This chapter may be known and cited as the "Adult Entertainment Establishment Regulations Code."
(Ord. 4950 § 3, 2010)
§ 17.45.040 Definitions.
For the purpose of this chapter, the following definitions shall apply:
means a person who has attained the age of at least eighteen years.
means a use that devotes a regular and substantial portion of its business to the display and sale of the following:
Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records, computer generated matter or other forms of visual or audio representations which have as their primary or dominant theme matter depicting, illustrating, describing or relating to specified sexual activities or specified anatomical areas.
An adult bookstore does not include an establishment that sells books, periodicals or films as an incidental or accessory part of its principal stock-in-trade.
means a nightclub, bar, theater, restaurant or similar use which regularly features waiters, waitresses, bartenders, and/or live performers who expose specified anatomical areas for observation by patrons and/or regularly features live performances, or films, motion pictures, video cassettes, slides or other photographic representations during which a substantial portion of the total performance or presentation time is devoted to the showing of material which has as its primary or dominant theme matter depicting, illustrating, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.
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 specified sexual activities or specified anatomical areas.
means:
Adult bookstore;
Adult cabaret;
Adult drive-in theater;
Adult gift shop;
Adult hotel or motel;
Adult mini-motion picture theater;
Adult model studio;
Adult motion picture arcade;
Adult motion picture theater;
Adult theater;
Body painting studio;
Sexual encounter studio or rap parlor; or
Any establishment, other than those listed above in numbers 1 through 12, which offers its patrons services or entertainment, a substantial portion of which is devoted to the showing of material which has as its primary or dominant theme matter depicting, illustrating, describing or relating to specified sexual activities or specified anatomical areas.
means a place of business where one or more adult entertainment activities are conducted by an individual, partnership, firm, association, corporation, or other legal entity.
means a use that devotes a regular and substantial portion of its business to the display and sale of the following: Instruments, devices, novelties, gifts or paraphernalia other than condoms, I.U.D.s, diaphragms or spermicidal foams, which are designed for use in connection with specified sexual activities. An adult gift shop does not include a pharmacy licensed by the state of California.
means a hotel, motel, inn or similar activity offering public accommodations, which does one or both of the following:
Offers, for any form of consideration, closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction, illustration or description of specified sexual activities or specified anatomical areas and which advertises the availability of this sexually oriented material by means of a sign visible from the public right-of-way or by means of off-premises advertising including, but not limited to, newspapers, magazines, pamphlets, leaflets, radio or television.
Allows a tenant or occupant to rent a room for a period of less than ten hours.
means a use open to the public where, for any form of consideration, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons other than the proprietor. This provision shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation or institution which meets the requirements established by the Education Code of the state of California for the issuance or conferring of, and is in fact authorized to issue and confer, a diploma.
means an establishment, with a capacity of six or more persons, where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown or maintained to be shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which has as its primary or dominant theme matter depicting, illustrating, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.
means a theater, concert hall, auditorium or similar activity, either indoor or outdoor in nature, which, for any form of consideration, regularly features live performances which have as their primary or dominant theme matter depicting, illustrating, describing or relating to specified sexual activities or specified anatomical areas.
means a use, which regularly provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the human body, when specified anatomical areas of such body are exposed.
means:
The opening or commencement of any such establishment as a new establishment;
The conversion of an existing establishment, whether or not an adult entertainment establishment, to any of the adult entertainment establishments defined in this chapter; or
The relocation of any such establishment.
means any establishment or portion of an establishment to which the public is permitted or invited in which coin-operated, slug-operated, electronic, electric or mechanical still picture machines, 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 specified sexual activities or specified anatomical areas.
means an individual, partnership, firm, association, corporation, or other legal entity.
means an area to which the public, and particularly minors, come to participate in athletic or recreational activities, whether or not such activities are supervised or organized. Such areas include but are not limited to publicly owned and maintained parks, athletic fields, playgrounds, picnic areas, and minor-oriented recreation facilities such as the Boys' and Girls' Club, YMCA and YWCA.
means an institution which people regularly attend to participate in or hold religious services, meetings and other activities. The term "religious facility" shall not carry a secular connotation, and shall include buildings in which the religious services of any denomination are held.
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 or which is maintained pursuant to standards set by the State Board of Education, or which is maintained for preschool or day care services. This definition includes a day care center, 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 vocational or professional institution or an institution of higher education, including a community or junior college, college or university.
mean an activity, other than a hotel, motel, inn or similar activity offering public accommodations, which, for any form of consideration, regularly 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.
mean:
mean:
The fondling or other erotic touching of human genitalia, pubic region, anus, or female breasts;
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy, bestiality, or necrophilia;
Masturbation, actual or simulated;
Erotic or sexually oriented torture, beating, masochism, mutilation, flagellation or the infliction of pain;
Excretory functions as a part of or in connection with any of the above activities.
means an increase by more than fifty percent in the floor area occupied by the business as of the effective date of this section.
means:
The sale, lease or sublease of such establishment; or
The transfer of securities which constitute a controlling interest in such establishment, whether by sale, exchange or similar means; or
The establishment of a trust, gift or other similar legal devise which transfers ownership or control of such establishment, except for transfer by bequest or other operation of law upon the death of the person possessing such ownership or control.
(Ord. 4950 § 3, 2010; Ord. 4968 § 4, 2011; Ord. 4984 § 16, 2013)
§ 17.45.050 Adult entertainment permit required.
No person shall cause or permit the creation, substantial enlargement or transfer of ownership or control of any adult entertainment establishment without first obtaining and maintaining a valid, un-revoked adult entertainment permit as provided in this chapter.
(Ord. 4950 § 3, 2010)
§ 17.45.060 Adult entertainment permit.
Upon receipt of a completed application, the planning commission shall review the application to determine if the applicant has complied with the development standards set forth in this chapter. If the applicant has complied with such standards, the applicant shall be granted an adult entertainment permit. The required findings presented in Chapter 17.80 of this title relating to variances shall be of no force and effect when considering an application for an adult entertainment permit.
(Ord. 4950 § 3, 2010)
§ 17.45.065 Administrative changes prohibited.
§ 17.45.070 Development standards-General and specific.
An application for an adult entertainment permit shall be granted by the planning commission upon a determination that all of the following standards have been met:
A.
The adult entertainment establishment shall be located within a permitted zone:
1.
Except as noted in subsection (A)(2), adult entertainment establishments may be located only within C-G zone and/or the C-R zone. No such establishment shall be permitted to locate in any area outside such zoning classifications.
2.
Adult bookstores may be located only within the C-G zone, the regional commercial C-R zone, and/or the C-N zone. No adult bookstore shall be permitted to locate in any area outside such zoning classifications.
B.
The adult entertainment establishment shall meet the following minimum spacing requirements:
1.
No adult entertainment establishment shall be located within one thousand feet of any other adult entertainment establishment.
2.
Nothing in this subsection shall prohibit an adult bookstore from providing an area where patrons may preview, at no charge, films, motion pictures, video cassettes, slides, tapes or records, as set forth in subsection (F)(2) below.
C.
The adult entertainment establishment shall meet the following minimum proximity requirements:
1.
No adult entertainment establishment shall be located within five hundred feet of any parcel of land zoned for residential use.
3.
Nothing in this chapter prohibits the location of adult entertainment establishments within retail shopping centers in the above-specified commercial zones if such activities have their only frontage upon enclosed malls or malls isolated from direct view from public streets, parks, schools, religious facilities or residentially zoned property. However, the spacing requirements in subsection B above shall apply to adult businesses located within such a mall.
D.
The adult entertainment establishment shall be in substantial compliance with the requirements of all health and safety codes, including, but not limited to, the building code, fire code, electrical code, mechanical code and plumbing code. Unless delay is caused by refusal of applicant to schedule or permit timely inspection, substantial compliance shall be verified no later than 30 days following the application or the applicant shall be deemed to be in substantial compliance with such requirements for the purposes of permit issuance.
E.
The adult entertainment establishment shall be in substantial compliance with the development standards for the commercial zone in which the establishment is to be located, and with the general provisions of Chapter 17.130 relating to development standards and of Chapter 17.190 relating to sign regulations, except that, to the extent that provisions of this chapter may conflict or be more restrictive, this chapter shall control.
F.
The adult entertainment establishment shall meet the following minimum specific standards:
1.
View of Interior From Public Way. All building openings, entries and windows in adult entertainment establishments shall be located, covered or screened to prevent an interior view from any public or semipublic area, including public sidewalks, streets, arcades, hallways or passageways, of any material which has as its primary or dominant theme the depiction, illustration or description of specified sexual activities or specified anatomical areas.
2.
Adult Peep Show Arcades—Adult Bookstores.
a.
If films, motion pictures, video cassettes, slides, tapes and/or records are offered for sale, rent or viewing and if customers may preview, or view them while on the premises, all booths or rooms which are available for such use by customers shall conform to all of the following standards:
i.
All viewing areas must be visible from a continuous main aisle and must not be obscured by any curtain, door, wall or other enclosure;
ii.
All viewing areas must contain sufficient chairs or other seating arrangements to accommodate the expected number of persons who will occupy the area at one time;
iii.
No more than one person per 25 square feet of floor space shall be permitted within any booth or room; and
iv.
The number of persons who may occupy the booth or room at one time must be clearly stated on or near the door to the booth or room, and no more than that number shall be permitted inside the booth or room at one time.
3.
Adult Gift Shops. The interior of adult gift shops shall be adequately lighted and constructed so that every portion of the premises is visible immediately upon entrance to the gift shop.
4.
Adult Cabarets. In addition to the standards in this chapter, each adult cabaret shall comply with each and every provision of Chapter 5.24 of this code. No person shall obtain an adult entertainment permit for an adult cabaret unless that person first or concurrently obtains a cabaret license under Chapter 5.24.
(Ord. 4950 § 3, 2010)
§ 17.45.080 Measure of distance.
Distance, without regard to intervening structures, shall be:
A.
A straight line measured from the closest exterior structural wall of any two adult entertainment establishments.
B.
A straight line measured from the closest exterior structural wall of an adult entertainment establishment to the closest property line of a religious facility, courthouse, public playground/park/recreation area, school, or residential zone.
For the purposes of this section, the term "closest exterior structural wall" means the closest property line when applied to an adult drive-in theater or any other adult entertainment establishment without exterior structural walls. |
(Ord. 4950 § 3, 2010)
§ 17.45.090 Abatement of nonconforming adult entertainment establishments.
A.
All adult entertainment establishments that were established prior to the adoption of this chapter that do not conform to all of the provisions of this chapter shall be brought into conformance or abated as provided in Chapter 17.120 (Non-conforming uses and structures) of this title.
B.
Notwithstanding anything to the contrary herein, no adult entertainment establishment legally operating on May 12, 1981 shall be abated solely on the basis of its proximity to a parcel of land containing the following specific land uses:
(Ord. 4950 § 3, 2010)
§ 17.45.100 Authority to approve.
The planning commission shall approve an adult entertainment permit for any use, business and/or activity which may involve the exercise of First Amendment rights, unless the use, business and/or activity is not in substantial compliance with the specific standards set forth in Section 17.45.070.
(Ord. 4950 § 3, 2010)
§ 17.45.110 Public hearing.
Within 14 days of the filing of an application for an adult entertainment permit by a property owner or his or her agent, or within 14 days of a determination by the planning commission that an adult entertainment permit should be modified, suspended, or revoked, the planning commission shall give notice and hold a public hearing pursuant to Chapter 17.25 of this title.
(Ord. 4950 § 3, 2010)
§ 17.45.120 Planning Commission-Findings and decision.
Within 30 days of the close of the public hearing, the planning commission shall announce its findings and decision by resolution. Such resolution shall grant an application for an adult entertainment permit if the standards in Section 17.45.070 are met and shall deny an application for an adult entertainment permit if one or more of the standards in Section 17.45.070 are not met. Said resolution shall state the facts and findings supporting any modification, suspension or revocation of an existing adult entertainment permit.
(Ord. 4950 § 3, 2010)
§ 17.45.130 Notice of decision.
Within five days of the passage of a resolution as provided in Section 17.45.120, the secretary of the planning commission shall cause all of the following to be done on the same day:
A.
Notify the applicant of its action by mailing a copy of such resolution to the applicant at the address shown upon the application;
B.
File a copy of such resolution with the city clerk; and
C.
Forward a copy of such resolution to the city council.
(Ord. 4950 § 3, 2010)
§ 17.45.140 Adult entertainment permit-Grant or denial, modification, suspension or revocation.
The resolution of the planning commission shall be final and conclusive, unless appealed to the city council pursuant to Chapter 17.30 of this title.
(Ord. 4950 § 3, 2010)
§ 17.45.150 Hearing-Subpoena of witnesses.
The city clerk, at the request of the city manager, or upon his or her own initiative, or upon the written request of the applicant or permittee, shall issue subpoenas for the attendance of witnesses at an appeal hearing. Any person served with such subpoena shall attend such hearing. Failure to do so shall constitute a violation of this chapter.
(Ord. 4950 § 3, 2010)
§ 17.45.160 Hearing-Swearing of witnesses-Presentation of evidence.
At such hearing, the city council may, at its discretion, require witnesses to be sworn. The applicant or permittee, or his or her agent, may present evidence in support of the issuance or continuance of his or her permit. Any other person may, at the discretion of the city council, be allowed to participate in the hearing and present evidence.
(Ord. 4950 § 3, 2010)
§ 17.45.170 Violation-Penalty.
Any person, firm, or corporation violating any of the provisions of this chapter may be charged with either an infraction or a misdemeanor, and shall be subject to the provisions of the general penalty clause as set forth in Section 1.24.010 of this code.
(Ord. 4950 § 3, 2010)
§ 17.45.180 Violation-Each day deemed separate offense-Public nuisance.
Each person found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which a violation of any section of this chapter is committed, continued or permitted by such person, and shall be punishable as provided above in Section 17.45.170. Any use or occupation of any building or structure maintained contrary to the provisions of this title shall constitute a public nuisance.
(Ord. 4950 § 3, 2010)
§ 17.45.190 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason declared to be void, unconstitutional or invalid for any reason by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The council hereby declares that it would have enacted this chapter regardless of the invalid or proscribed section, subsection, sentence, clause or phrase.
(Ord. 4950 § 3, 2010)