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Golden Dale City Zoning Code

CHAPTER 17

50 REGULATING THE SITING OF ADULT ENTERTAINMENT ESTABLISHMENTS

§ 17.50.010 Definitions.

For the purpose of this definition, the term "principal business purpose" shall mean the business purpose that constitutes fifty percent or more of the stock in trade of a particular business establishment. The stock in trade of a particular business establishment shall be determined by examining either: (1) the retail dollar value of all sexually oriented activities/materials compared to the retail dollar value of all non-sexually oriented materials readily available for purchase, rental, view, or use by patrons of the establishment, excluding inventory located in any portion of the premises not regularly open to patrons; or (2) the total volume of shelf space and display area reserved for sexually oriented materials compared to the total volume of space and display area reserved for non-sexually oriented materials.
A. 
"Adult entertainment establishment, activity, or use"
shall mean all of the following:
1. 
"Adult entertainment establishment"
shall mean any commercial premises or club to which any patron is invited or admitted and where adult entertainment, as defined in Chapter 5.26, is provided.
2. 
"Entertainer"
shall mean any person who provides live adult entertainment, in any public place, whether or not a fee is charged or accepted for such entertainment.
3. 
"Adult retail"
means a commercial establishment such as a bookstore, video store, or novelty shop which, as its principal business purpose, offers for sale or rent, for any form of consideration, any one or more of the following:
a. 
Books, magazines, periodicals, or other printed materials, or photographs, films, motion pictures, videocassettes/CDs, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or
b. 
Instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities.
4. 
"Specified anatomical areas"
shall mean the following:
a. 
Less than completely and opaquely covered human genitals, buttocks, anus, pubic region, or female breast below a point immediately above the top of the areola; or
b. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
5. 
"Specified sexual activities"
shall mean any of the following:
a. 
Human genitals in a state of sexual stimulation or arousal;
b. 
Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality;
c. 
Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts, whether clothed, of oneself, or of one person by another; or
d. 
Excretory functions as part of or in connection with any of the activities set forth in this section.
(Ord. 1438 § 2(part), 2014)

§ 17.50.020 Location and development standards.

Activities and uses defined as adult entertainment, activity, retail, or use are only permitted in the zone where that term is specifically listed as an allowable use and only in conformance to the requirements as stated for that use.
A. 
Adult entertainment establishments may not locate or be conducted closer than the distance noted below to any of the following, whether in or out of the city of Goldendale:
1. 
Within eight hundred feet of any residential zone;
2. 
Within eight hundred feet of any park;
3. 
Within eight hundred feet of any public use building such as: library, City Hall, county courthouse, fire department, police department;
4. 
Within eight hundred feet of any day care center for children, nursery, or preschool;
5. 
Within eight hundred feet of any church or other facility or institution used primarily for religious purposes;
6. 
Within eight hundred feet of any public or private elementary or secondary school.
B. 
Exterior portions or window displays of any adult use shall not consist of any display of graphic adult merchandise or sexually explicit materials, as defined herein.
C. 
The separation required between an adult use and any sensitive use described in this section shall be measured from the nearest edge or corner of the property of each sensitive use or zone.
D. 
No variance shall be permitted for any of the above distance or separation requirements.
(Ord. 1438 § 2(part), 2014)