This chapter shall be titled "Adult Entertainment Establishments."

(Ord. No. 2009-04, § 1, 3-4-09; Ord. No. 2024-07, § 1, 12-18-2024)

A.

It is the purpose of this chapter to establish reasonable and uniform regulations to prevent the concentration of adult entertainment establishments, as defined herein, within the city.

B.

It is the intent of this chapter that these regulations be utilized to prevent problems of blight and deterioration which accompany and are brought about by the concentration of adult entertainment establishments.

(Ord. No. 2009-04, § 1, 3-4-09; Ord. No. 2024-07, § 1, 12-18-2024)

A.

It is the purpose of this section to provide clear and concise definitions of those words, terms and phrases most commonly used in the provisions of this chapter in order to assist in the uniform interpretation of said provisions and to ensure uniformity in their application.

B.

It is intended that the following words, terms and phrases, whenever used in this chapter, shall be construed as defined in the following subsections, unless from the context, a different meaning is specifically defined and more particularly directed to the use of such words, terms and phrases.

Adult bookstore is an establishment that devotes more than ten percent (10%) of the total display, shelf, rack, table, stand or floor area of the premises to the display for sale, rent or display of merchandise, books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes, slides, tapes, records, DVDs, CD-ROMs, or other forms of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas or instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

Adult cabaret is any nightclub, bar, restaurant, or other similar establishment that regularly features live performances or features films, motion pictures, video cassettes, DVDs, CD-ROMs, slides or other photographic reproductions that are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas for observation by patrons.

Adult drive-in theater means an open lot or part thereof, devoted primarily to the presentation of live performances, motion pictures, films, theatrical productions or other forms of visual productions, to persons in motor vehicles or on outdoor seating, where the material being presented is distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

Adult mini-motion picture theater is an establishment, with a capacity of more than five (5) but less than fifty (50) persons, where films, motion pictures, video cassettes, DVDs, CD-ROMs, slides or similar photographic reproductions are shown and where the material shown is distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

Adult model studio is any establishment open to the public where figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This provision shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation, or institution that is authorized under the California Education Code to issue or confer a diploma.

Adult motel is a motel or similar establishment offering public accommodations which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, DVDs, CD-ROMs or other photographic reproductions distinguished or characterized by an emphasis upon the depiction or description specified sexual activities or specified anatomical areas.

Adult motion picture arcade (peep show) is any place where coin- or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are available for observation to show images and the images so shown or displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

Adult motion picture theater is an establishment with a seating capacity of fifty (50) or more persons where films, motion pictures, video cassettes, DVDs, CD-ROMs, slides or similar photographic reproductions are shown and where the material is distinguished or characterized by an emphasis upon the depiction or description to specified sexual activities or specified anatomical areas.

Adult theater is any theater, concert hall, auditorium, or similar business either indoor or outdoor, which regularly features live performances that are distinguished or characterized by an emphasis on specified sexual activities or exposure of specified anatomical areas.

Adult video cassette, DVD and CD-ROM sales and rental has the same meaning as "adult bookstore."

Adult video games are coin-operated or electronic game machines having visual displays and animation that depict in any manner any sort of activity characterized by emphasis upon depiction or description of specified anatomical areas or specified sexual activities. Body painting studio is an establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on specified anatomical areas.

Establishing an adult entertainment business as used in this chapter, means and includes the opening or commencement of any such business as a new business; the conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined in this chapter; the addition of any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or the relocation of any adult entertainment business.

General bookstore is an establishment engaged in the buying, selling and/or trading of new and/or used books, manuscripts, and periodicals of general interest. A general bookstore does not include an establishment that is encompassed by the definition of adult bookstore.

General motion picture theater is a building or part of a building intended to be used for the specific purposes of presenting entertainment as defined in this chapter, or displaying motion pictures, DVDs, CD-ROMs, slides or closed circuit television pictures before an individual or assemblage of persons whether such assemblage be of a public, restricted or private nature, except a private home provided, however, that any such presentations are not distinguished or characterized by an emphasis on the depiction or description to specified sexual activities or specified anatomical areas but such depiction or description is only incidental to the plot or story line.

Headshop is an establishment or place where more than fifteen percent (15%) of the floor area in any room is used for the sale and display of such paraphernalia and literature commonly associated with the use of narcotics and controlled substances, including, but not limited to cocaine; and sniffing kits; glass mirrors for cutting narcotics or controlled substances; snorting spoons and tubes; strainers to sift narcotics or controlled substances; water pipes (bongs); everyday items with special removable tops that have been converted to conceal narcotics and drugs, including beer cans, oil cans and plastic photographic film vials; roach clips (for holding marijuana cigarettes); books and magazines extolling the use of narcotics or controlled substances. Such a place is an adult entertainment establishment. This definition does not limit licensed pharmacies in selling and displaying medicinal equipment prescribed by licensed medical practitioners. Legitimate or live theater is a theater, concert hall, auditorium or similar establishment which regularly features live performances which are not distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas in that any such depiction or description is only incidental to the primary purpose of the performance.

Massage parlor is an establishment and any appurtenant facilities that are primarily where massage, alcohol rub, fomentation, body scrub, body shampoo, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless the treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the State of California. This definition does not include an athletic club, health club, pool, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

Outcall entertainment business means any person who, for a fee, commission, hire, reward or profit, furnishes or offers to furnish an outcall entertainer, as defined in this section, for any individual or group at a location other than a fixed business establishment identified in section 17.86.040. Outcall entertainment business includes businesses that provide outcall entertainers such as lingerie models and strippers.

Outcall entertainer includes strippers for bachelor and bachelorette parties, lingerie models, and other similar entertainers or any person who entertains while nude or whose performance is distinguished or characterized by an emphasis upon the display of specific anatomical areas or specified sexual activities.

Public park is a publicly owned area that is designated by the city as a park.

Private viewing room is an area separated from the sales display area of an establishment by a curtain, wall, door, shade or similar obstruction thus allowing the private viewing by customers of the establishment of video tapes, movies, DVDs, CD-ROMs, transparencies, films or projectable motion picture the content of which is distinguished or characterized by an emphasis on depicting or describing specific sexual activities or specified anatomical areas.

Religious institution is any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.

School is an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code and which is maintained pursuant to standards set by the state board of education. This definition includes a 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 vocation or professional institution or an institution of higher education, including a community college.

Sexual encounter establishment is an establishment, other than a hotel, motel or similar establishment offering public accommodations, which provides a place where two (2) 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. Sexual encounter establishment shall include massage parlor and other similar establishments. Social service institution is an organization engaged in activities that promote social welfare, including philanthropic assistance to the sick or needy.

Specified anatomical areas means and includes less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae, or human male genitals in a discernible turgid state, even if completely and opaquely covered.

Specified sexual activities means and includes any fondling or other touching of human genitals, pubic region, buttocks, anus or female breasts; sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; masturbation, actual or simulated; or excretory functions as part of or in connection with any of the activities set forth in this subsection.

Transfer of ownership or control, as used in this chapter, means and includes the sale, lease or sublease of an adult entertainment business; the transfer of securities, membership or partnership interests or other type of ownership interest which constitute a controlling interest in such business, whether by sale, exchange or similar means; or the establishment of a trust, gift or other similar legal device which transfers the ownership or control of such business, except for transfer by bequest or other operation of law upon the death of the person possessing such ownership or control.

(Ord. No. 2009-04, § 1, 3-4-09; Ord. No. 2024-07, § 1, 12-18-2024)

A.

No person or entity shall own, establish, operate, control or enlarge, or cause or permit the establishment, operation, enlargement or transfer of ownership or control of any of the following adult entertainment establishments unless such adult entertainment establishment is located more than five hundred (500) feet from another adult entertainment establishment and more than one thousand (1,000) feet from any religious institution, school, public park, social service institution, or any residentially zoned property located within the city measured from property lines:

1.

Adult bookstore;

2.

Adult cabaret;

3.

Adult drive-in theater;

4.

Adult mini-motion picture arcade (peep show);

5.

Adult mini-motion picture theater;

6.

Adult model studio;

7.

Adult motel;

8.

Adult motion picture arcade (peep show);

9.

Adult theater;

10.

Adult video cassette and DVD sales and rentals;

11.

Adult video games;

12.

Body painting studio;

13.

Headshop;

14.

Massage parlor;

15.

Outcall entertainment business;

16.

Sexual encounter establishment; or

17.

Any other business which involves specified sexual activities or display of specified anatomical areas.

B.

An establishment listed in subsection A. of this section shall not be established, operated, enlarged or transferred unless the zone district in which the site or proposed site is located permits such a use. The conduct of such establishment and the use of premises shall otherwise comply with all applicable federal, state, county and city laws, ordinances, rules and regulations.

C.

All adult entertainment establishments as listed in subsection (a) of this section shall only be permitted within any Light Industrial zone district in the city provided the minimum distance requirements as set forth in subsection A. of this section are met and upon the prior issuance by the city of a conditional use permit in accordance with the provisions of chapter 17.68 of the Kingsburg Municipal Code.

(Ord. No. 2009-04, § 1, 3-4-09; Ord. No. 2024-07, § 1, 12-18-2024)

The required minimum distance between any two (2) adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest property line of each such business. The distance between any adult entertainment business and any religious institution, school, public park, social service institution, or residentially zoned land shall be measured in a straight line without regard to intervening structures, from the closest property line of the adult entertainment business to the closest property line of the religious institution, school, public park, social service institution, or residential zone.

(Ord. No. 2009-04, § 1, 3-4-09; Ord. No. 2024-07, § 1, 12-18-2024)

To further accomplish the purpose of this chapter, all adult entertainment businesses shall comply with the following:

A.

Signs. In addition to the requirements of Section 17.56.050 of Chapter 17.56 of Title 17 of the Kingsburg Municipal Code, all signs shall be subject to the following regulations:

1.

Each adult entertainment business shall be allowed one permanent sign, the area of which shall not exceed two hundred (200) square feet;

2.

Temporary advertising signs are not permitted;

3.

Except for theater signs, changeable copy signs are not permitted; and

4.

No sign shall depict or describe any specified anatomical areas or specified sexual activities.

B.

Exterior painting. Buildings and structures shall be painted or surfaced with colors or textures that are similar to neighboring buildings or structures as determined by the city planning department. Buildings and structures shall not be painted or surfaced with any design that would simulate a sign or advertising message.

C.

[Interior material.] Advertisements, displays of merchandise, signs or any other exhibit depicting adult entertainment activities placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such buildings or premises.

D.

[Outdoor sound equipment.] Outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to an adult entertainment are prohibited.

E.

[Alcohol consumption.] No consumption of alcohol shall be allowed in conjunction with, or on the premises of, any adult entertainment establishment.

(Ord. No. 2009-04, § 1, 3-4-09; Ord. No. 2024-07, § 1, 12-18-2024)

Notwithstanding any other provision of the Kingsburg Municipal Code to the contrary, the provisions of this chapter shall be applicable to all land within the city, including all redevelopment project areas now in existence or hereafter established.

(Ord. No. 2009-04, § 1, 3-4-09; Ord. No. 2024-07, § 1, 12-18-2024)

The provisions of this chapter do not waive or modify any other provision of this Code.

(Ord. No. 2009-04, § 1, 3-4-09; Ord. No. 2024-07, § 1, 12-18-2024)

The operation of adult entertainment establishments shall specifically prohibit the admission of persons under the age of twenty-one (21).

(Ord. No. 2009-04, § 1, 3-4-09; Ord. No. 2024-07, § 1, 12-18-2024)

It is unlawful for any person or entity which is subject to the regulations of this chapter, and which sells or rents prerecorded video tapes, movies, transparencies, films, DVDs, CD-ROMs, projectable motion pictures or equipment used for showing any or all of these items, to offer or allow the viewing of these materials in private viewing rooms, as defined in section 17.86.040.

(Ord. No. 2009-04, § 1, 3-4-09; Ord. No. 2024-07, § 1, 12-18-2024)

An adult entertainment establishment hereinafter permitted and legally operating as a conforming use is not rendered a nonconforming use by the location of a religious institution, school, public park, social service institution or a residential (including office residential) zone within one thousand (1,000) feet of the adult entertainment establishment. This provision does not apply after a conditional use permit has expired, been suspended or revoked.

(Ord. No. 2009-04, § 1, 3-4-09; Ord. No. 2024-07, § 1, 12-18-2024)

The provisions of this chapter shall be enforced in accordance with the applicable provisions of the Kingsburg Municipal Code.

(Ord. No. 2009-04, § 1, 3-4-09; Ord. No. 2024-07, § 1, 12-18-2024)