The purpose of this chapter is to regulate adult businesses which, unless closely regulated, have serious secondary effects on the community. These secondary effects include, but are not limited to, the following: depreciation of property values, increases in vacancy rates in residential and commercial areas, increases in incidences of criminal activity, increases in litter, noise and vandalism and the interference with residential property owner's enjoyment of their property in the vicinity of such businesses.

(Ord. G-6233 § 8 (part), 1995)

"Adult businesses" include the following:

Any business conducted for the entertainment of adults, engaged in the selling, renting or displaying of publications depicting the specified anatomical areas or specified sexual activities described herein or other material of a sexually explicit nature. Included in the definition is any business, that as a substantial or significant course of conduct, sells, offers for sale, rents, exhibits, shows or displays publications depicting the anatomical areas or specified sexual activities described herein or other material of a sexually explicit nature. Also included in this definition is any business selling, renting or displaying sexually oriented devices intended for use in the specified sexual activities.

A particular business at a particular location that sells, offers for sale, rents, exhibits, shows or displays specified anatomical areas or specified sexual activities in the form of a book, magazine, newspaper, pamphlet, film, video or any other form or medium, or sexually oriented devices intended for use in the specified sexual activities, which receives twenty-five percent (25%) or more of the gross revenue from, or devotes twenty-five percent (25%) or more of the stock on hand or twenty-five percent (25%) or more of the gross floor area to such activity, is presumed to be engaging in "substantial or significant" conduct with respect to such activity.

Any business conducted for the entertainment of adults wherein an employee, patron or any other person engages in or are shown specified sexual activities or exhibit or engage in partial or total nudity or otherwise expose specified anatomical areas. Included in this definition is any business, which as a substantial or significant portion of its business, provides live or filmed entertainment wherein specified anatomical areas of the human anatomy are exposed. Specified anatomical areas include any of the following, whether actual or simulated: (1) less than completely and opaquely covered: (a) human genitals or pubic region, (b) buttock, and (c) female breast below a point immediately above the top of the areola; or (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities means and includes any of the following: (1) the fondling or sexual touching of human genitals, pubic regions, buttocks, anus, or female breasts; (2) sex acts, normal or deviant, actual or simulated, including intercourse, oral copulation, or sodomy; (3) masturbation, actual or simulated; or (4) excretory functions as part of, or in connection with, any of the activities set forth above.

Such a business may not sell or display "obscene matter," as that term is defined by Penal Code Section 311 or its successors, and may not exhibit "harmful matter," as that term is defined by Penal Code Section 313 or its successors, to minors.

(Ord. G-6233 § 8 (part), 1995)

A.

Adult businesses shall not be located within one thousand five hundred (1,500) feet of the following whether or not located within the county:

1.

Any property located in a residential district, including the R-1 (Low-density Residential), R-2 (Medium-density Residential), R-3 (High-density Residential), E (Estate), or MP (Mobilehome Park) zoning districts, or equivalent zoning in any other jurisdiction;

2.

Any public or private school;

3.

Any church, chapel, or other publicly recognized place of worship; and

4.

Any park owned by a public entity.

B.

Adult businesses shall not be located within one thousand (1,000) feet of any other adult business.

C.

The distances specified in this section shall be measured in a straight line, without regard to intervening structures, from the nearest point of the building in which the proposed adult business is to be established to the nearest property line of a use or zoning district listed above. The distances specified shall not be measured to one of the uses specified in subsection (A)(1) of this section which are established after the commencement of the adult business use, if the adult business use is continuous, which means that interruptions in use may not exceed six (6) months.

(Ord. G-6233 § 8 (part), 1995)

A.

The following development standards shall apply to all adult businesses:

1.

No adult business shall be located in any temporary or portable structure.

2.

Trash dumpsters shall be enclosed by a screening enclosure so as not to be accessible to the public.

3.

Off-street parking shall be provided at the ratio of one (1) parking space per one hundred (100) square feet of gross floor area and as specified in Chapter 19.82.

4.

The entire exterior grounds, including the parking lot and landscaped areas, shall be lighted in such a manner that all areas are clearly visible at all times.

5.

Signage shall conform to the requirements of Chapter 19.84 and shall not contain sexually oriented photographs, silhouettes or other pictorial representations.

6.

All entrances to an adult business shall be clearly and legibly posted by a notice indicating that minors are prohibited from entering the premises.

7.

No residential structure or any other nonconforming structure shall be converted for use as an adult business.

B.

The following performance standards shall apply to all adult businesses:

1.

No alcoholic beverages shall be served, sold, or consumed on the premises.

2.

The adult business shall not conduct or sponsor any special events, promotions, festivals, concerts, or similar activities which would create a demand for parking spaces beyond the number of spaces required for the business.

3.

The traffic generated by the adult business shall not overload the capacity of the surrounding street system and shall not create a hazard to public safety, as determined by the Kern County Roads Department.

4.

No adult business shall be operated in any manner that permits the observation of any persons or material depicting, describing, or related to "specified sexual activities" or "specified anatomical areas," inside the premises, 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.

5.

No loudspeakers or sound equipment shall be used by an adult business for the amplification of sound to a level audible beyond the walls of the building in which the business is located.

6.

All exterior areas of the adult business, including buildings, landscaping, and parking areas shall be maintained in a clean and orderly manner at all times.

7.

Any license required by the Kern County Sheriff's Department pursuant to Chapter 5.08 of the Kern County Ordinance Code shall be kept current at all times.

8.

Each adult business shall conform to all applicable laws and regulations.

(Ord. G-6233 § 8 (part), 1995)

(Ord. No. G-8035, § 82, 4-20-10; Ord. No. G-8226, § 98, 11-8-11)

No adult business shall be established until an application for an adult business permit is approved by the board of supervisors generally following with the procedures set out in Sections 19.102.200 through 19.102.230 of this title.

(Ord. G-6233 § 8 (part), 1995)

An application for an adult business permit shall include the following:

A.

Name and permanent address of applicant;

B.

The name and business address for the applicant. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation, and the applicant shall show the name and residence address of each of theofficers, directors, and each stockholder owning twenty-five percent (25%) or more of the stock of the corporation. If the applicant is a partnership, the application shall show the name and residence address of each of the members, including limited partners;

C.

Name(s) and address(es) of the property owner(s); D. Assessor's parcel number(s);

E.

Legal description of the property;

F.

A site development plan drawn at the scale specified by the planning director, which includes the following information:

1.

Location of all existing buildings, structures and improvements on the property,

2.

Location of all proposed buildings, structures and improvements on the property,

3.

Existing and proposed streets and highways bordering and within the boundaries of the property,

4.

Location of existing and proposed parking areas,

5.

Proposed landscaping,

6.

North arrow;

G.

Elevations and floor plans of proposed buildings or structures related to the adult business;

H.

A narrative description of the proposed use or development including description of the nature of the proposed use or development and an explanation of how the proposed business will satisfy the applicable requirements set forth in Sections 19.89.020 through 19.89.040 of this chapter;

I.

Signatures or letter of consent from all property owners;

J.

The fee prescribed by uncodified ordinance or resolution for processing the application.

(Ord. G-6233 § 8 (part), 1995)

A.

Once an application has been completed, the planning director shall set the application for a nondiscretionary public hearing before the board of supervisors within sixty (60) days, generally following the notice procedures set out in Section 19.102.210 of this title.

B.

For purposes of application processing, any application for a permit pursuant to this chapter is considered to be a ministerial permit and, as such, is not subject to the time frames specified in Section 65950 et seq. of the California Government Code, or the California Environmental Quality Act.

C.

In considering an application for a permit pursuant to this chapter, the board of supervisors shall approve the permit only if it makes the following findings:

1.

The adult business is consistent with the location, development and performance standards contained in this chapter;

2.

The adult business is located in a zone district which lists the adult business as a permitted use;

3.

The zoning district classification for the property is consistent with the applicable general plan or specific plan designation for the property; and

4.

The adult business is consistent with the requirements set forth in Chapter 5.08 of this code.

D.

Permit issuance or denial is not subject to appeal.

(Ord. G-6233 § 8 (part), 1995)