The purpose and intent of the city council in enacting this chapter is to maintain and protect the health, safety and welfare of its citizens, and to mitigate the adverse secondary impacts associated with sexually oriented or adult entertainment businesses, through land use regulation of the location and operations of such businesses. The land use regulations set forth herein are intended to prevent health and safety problems and dangerous and unlawful conduct in and around such uses and premises. (Ord. 849, 8-17-2009)

Based on information presented before it, the city council makes the following findings of fact:

   A.   Many cities, in Washington and in other sections of the United States, have experienced negative secondary impacts from sexually oriented business land uses.

   B.   Certain conduct occurring on premises offering adult entertainment creates secondary impacts that are detrimental to the public health, safety and general welfare of the citizens of the city, and therefore such conduct must be regulated as provided herein.

   C.   Regulation of the sexually oriented businesses including the adult entertainment industry is necessary because in the absence of such regulation significant criminal activity has historically and regularly occurred. This history of criminal activity has included prostitution, illegal employment of minors, narcotics trafficking and use, alcoholic beverage law violations, assault, theft, breaches of the peace, tax evasion, and the presence within the industry of individuals with outstanding arrest warrants and past criminal behavior that may be indicative of intended future conduct.

   D.   Sexually oriented businesses that are increasingly associated with ongoing prostitution, illegal drug transactions, disruptive conduct and other criminal activity. Such activities constitute a threat to the public peace, health and safety. The hours of operation of such businesses have a significant impact on the occurrence of criminal activity.

   E.   Due to the information presented regarding the connection of prostitution with adult entertainment and other sexually oriented businesses, there is concern over sexually transmitted diseases which is a legitimate health concern of the city and thus requires regulation of adult entertainment and other sexually oriented businesses in order to protect the health, safety and well being of the public.

   F.   No evidence has been presented to show that the location of sexually oriented business land uses within the city will improve the commercial viability of the community, or will otherwise have a beneficial effect, and not have a detrimental effect.

   G.   The city may rely on the experiences and studies of other cities and organizations in assessing the need for regulation of sexually oriented business land use operations and licensing or of regulation.

   H.   Regulation of sexually oriented business land uses is necessary to prevent deterioration and/or degradation of the vitality of the community before the problem exists, rather than in response to an existing problem.

   I.   The city comprehensive plan strongly supports that adjacent land uses be compatible.

   J.   Sexually oriented business land uses are incompatible with certain land uses such as religious facilities, parks, daycare facilities, libraries, youth centers and schools (including nursery schools and preschools). Such incompatibility has been documented in studies performed throughout the United States.

   K.   Increased levels of criminal activities occur in the vicinity of adult entertainment and other sexually oriented business land uses, and the patrons of such businesses are frequently found to be the victims of such criminal activities.

   L.   Adjacency of residential and many commercial uses to sexually oriented business land uses reduces the value of residential and commercial property.

   M.   Sexually oriented business land uses are perceived to, and usually do, negatively impact the character of established neighborhoods.

   N.   Utilizing one thousand feet (1,000') as the requisite spacing between sexually oriented business land uses and places of worship, libraries, daycare facilities and youth centers, and schools (preschools or nursery schools through twelfth grade) and five hundred feet (500') as the requisite spacing between sexually oriented business land uses and public parks, in existence or proposed and vested by the effective date hereof, will provide adequate separation and buffering while providing a reasonable amount of land within the city to be available for sexually oriented business land uses. (Ord. 849, 8-17-2009)

For the purposes of this chapter and unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

ADULT ARCADE STATION OR BOOTH: Any enclosure where a patron, member or customer would ordinarily be positioned while using an adult arcade device or viewing a live show. An "adult arcade station or booth" shall also refer to the area in which an adult arcade device is located and from which the adult arcade picture, view, live show or graphic display is to be viewed. The words "adult arcade station or booth" do not mean such enclosures that are private offices used by owners, managers or persons employed on the premises for attending the tasks of their employment, which enclosures are not held open to the patron, members or the public for use, for hire or for a fee for the purpose of viewing the entertainment provided by the arcade device or live show, and are not open to any persons other than employees. For the purposes of this definition, the words, "open to an adjacent public room so that the area inside is visible to persons in the adjacent public room" mean that there may be no door, curtain, partition or other device extending from the floor to the top of the door frame, or any portion thereof, with the exception of a door which is completely transparent and constructed of safety glass as specified in the international building code so that the activity and occupant inside the enclosure may be clearly and easily viewed or seen by persons outside the enclosure from any point in the adjacent public room.

ADULT ENTERTAINMENT: Any exhibition, performance, dance of any type, or other performance, not exempt from this chapter, where such entertainment involves a person appearing or performing (either live or recreated) who:

   A.   Is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola, or (without regard to gender) any portion of the pubic region, anus, buttocks or genitals; or

   B.   Touches, caresses or fondles the breasts, buttocks, anus, genitals or pubic region of themselves or a patron, or permits the touching, caressing or fondling of their own breasts, buttocks, anus, genitals or pubic region by a patron, another employee or anyone else with the intent to sexually arouse or excite.

ADULT ORIENTED BUSINESS: Any of the following:

   Adult Arcade: An establishment and individual viewing areas or booths where, for any form of consideration, including a membership fee, one or more still or motion picture projectors, slide projectors, digital videodisk players, or similar machines, or other image producing machines are used to show films, motion pictures, videocassettes, digital images, slides, or other photographic reproduction of sexual conduct, specified anatomical areas, or specific sexual activities.

   Adult Cabaret: A nightclub, bar, restaurant, theater, auditorium, or similar commercial establishment, whether or not alcoholic beverages are served, which presents adult entertainment.

   Adult Motel: A hotel, motel, or similar establishment which:

   A.   Offers sleeping accommodations to the public for any form of consideration and provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, digital videodisks, slides, or other photographic reproductions which are characterized by the depiction of or description of sexual conduct, specified anatomical areas, or specific sexual activities and are not rated G, PG, PG-13, NC-13, NC-17, or R by the Motion Picture Association of America; or

   B.   Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

   C.   Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.

Adult Motion Picture Theater: A commercial establishment or drive-in theater where at least twenty five percent (25%) of the films, motion pictures, videocassettes, digital videodisks, slides, or other photographic reproductions which are characterized by the depiction of or description of sexual conduct, specified anatomical areas, or specific sexual activities and are not rated G, PG, PG-13, NC-13, NC-17, or R by the Motion Picture Association of America, and are shown for any form of consideration.

Adult Retail Establishment: A business having at least twenty five percent (25%) of its volume of trade devoted to the display, barter, rental, and/or sale of books, printed matter, videotapes, videodisks, computer software, audio or video cassettes, films, pictures, or other merchandise, material or paraphernalia distinguished or characterized by an emphasis on matters depicting, describing, or relating to sexual conduct, specified anatomical areas, or specific sexual activities or adult entertainment. For the purpose of this chapter, "percent of its volume or trade" means that portion of the store's display space devoted to such material, or that portion of its gross receipts received from the sale of such material, whichever is greater.

Other Adult Entertainment Facility: Other adult entertainment facilities include, but are not limited to:

   A.   Any commercial establishment to which a patron is invited or admitted and where adult entertainment is presented as a part of the premises activity, including, but not limited to, escort agencies, seminude or nude modeling or photography studios, lingerie modeling studios, and body painting studios; or

   B.   Any premises where specified sexual activities are performed or recorded on film, tape, or other media for commercial purposes.

BODY PAINTING STUDIO: A commercial establishment where patrons are invited to apply paint or to view the application of paint to a nude human body.

CITY ADMINISTRATOR: The city administrator of the city of Long Beach or his/her designee.

EMPLOYEE: Any and all persons, including managers, entertainers and independent contractors providing adult entertainment, who work in or at or render any services directly related to the operation of an adult entertainment premises.

ENTERTAINER: Any person who provides adult entertainment for an "adult entertainment" premises as defined in this section, whether or not a fee is charged or accepted for entertainment.

ENTERTAINMENT: Any exhibition or dance of any type, pantomime, modeling or any other performance.

MANAGER: Any person who manages, directs, administers or is in charge of the affairs and/or conduct of any sexually oriented business. The term "manager" also includes any assistant working with or under the direction of a manager to carry out such purposes.

MASSAGE AND MASSAGE THERAPY: A healthcare service involving the external manipulation or pressure of soft tissue for therapeutic purposes. "Massage therapy" includes techniques such as tapping, compressions, friction, Swedish gymnastics or movements, gliding, kneading, shaking, and facial or connective tissue stretching, with or without the aid of superficial heat, cold, water, lubricants, or salts. "Massage therapy" does not include diagnosis or attempts to adjust or manipulate any articulations of the body or spine or mobilization of these articulations by the use of a thrusting force, nor does it include genital manipulation.

MASSAGE BUSINESS: The operation of a business where massages are given.

NUDITY: Unclothed, or the showing of the human genitals, pubic region, buttocks, vulva or anus with less than a fully opaque covering, the showing of any part of the female breast below the top of the areola with less than a fully opaque covering, or the showing of covered male genitals in a discernible turgid state.

OBSCENE: Any matter that:

   A.   The average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; or

   B.   Explicitly depicts or describes patently offensive representations or descriptions of:

      1. Sexual acts, normal or perverted, actual or simulated; or

      2. Masturbation, fellatio, cunnilingus, bestiality, excretory functions, or lewd exhibition of the genitals or genital areas; or

      3. Violent or destructive sexual acts, including, but not limited to, human and/or animal mutilation, dismemberment, rape and/or torture; or

      4. A dominant theme that appeals to the prurient interests of minors in sex; which is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters or sadomasochistic abuse; and

   C.   When considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political or scientific value.

OPERATOR: Any person operating, conducting or maintaining any sexually oriented business.

OWNER: Any person who owns or has an ownership interest in any sexually oriented business.

PANORAM OR PEEP SHOW: Any device which, for payment of a fee, membership fee or other charge, is used to exhibit or display a picture, view, film, videotape, videodisk or similar reproduction means, a live show or other graphic display of "specified anatomical areas" or "specific sexual activities".

PERSON: Any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized.

PUBLIC PLACE: Any area generally visible to public view and includes, but is not limited to, streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and automobiles whether moving or not.

SEXUALLY ORIENTED BUSINESS: Any adult oriented business or adult entertainment business, adult or adult retail establishment, adult theater or adult arcade.

SPECIFIED ANATOMICAL AREAS:

   A.   Less than completely and opaquely covered:

      1. Human genitals, pubic region;

      2. Human anus; or

      3. Female breast exposing any part below the top of the areola; or

   B.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES: A. Human genitals in a state of sexual stimulation or arousal;

   B.   Acts of human masturbation, sexual intercourse, sodomy or bestiality; or

   C.   Fondling or other erotic touching of human genitals, pubic region, human anus or female breast.

STOCK IN TRADE: A. The wholesale dollar value of all merchandise, goods or services, readily available for purchase, rental, viewing or use by patrons of the establishment, excluding merchandise located in any storeroom, under the counter, or in any other portion of the premises not open to patrons; or

   B.   The total volume of shelf space and display area in those portions of the establishment open to patrons.

THEATER: A place of public assembly intended and expressly designed for the presentation of motion pictures on a screen or live entertainment on a stage other than an adult theater. (Ord. 849, 8-17-2009)

   A.   Location: Sexually oriented businesses shall be permitted in the C1 commercial district, RC residential commercial district, and OTW old town west commercial district; provided, however, that no sexually oriented business may be permitted within one thousand feet (1,000') of any place of worship, child daycare facility, community youth center or library, or of any school, public or private, preschool through twelfth grade, or within five hundred feet (500') of a public park, existing as of the effective date hereof. Existing places of worship, child daycare facilities, community youth centers and libraries, public and private schools, public parks, and the buffers associated with those areas as of the effective date hereof are illustrated in "Figure 1, Sexually Oriented Business Buffer Areas", on file in the office of the city clerk. Parcels outside of a buffer area on which sexually oriented businesses may be permitted are shaded blue and contain the Pacific County assessor's office parcel identification number as of the effective date hereof; see table 1 of this section.

   TABLE 1

   PARCEL IDENTIFICATION NUMBERS WHERE

   SEXUALLY ORIENTED BUSINESSES MAY LOCATE

 

Upon the adoption of this chapter, a place of worship, public or private school, daycare facility, community youth center, residence, or library shall not be permitted to locate within one thousand feet (1,000') of the area designated for sexually oriented businesses without first obtaining a special use permit pursuant to the requirements and standards set forth in section 12-11-16 of this title. A public park shall not be permitted to locate within five hundred feet (500') of the area designated for sexually oriented businesses without first obtaining a special use permit pursuant to the requirements and standards set forth in section 12-11-16 of this title.

   B.   Basis For Determining Distance: The distances described in subsection A of this section shall be a straight, horizontal line, measured from the nearest point of the parcel proposed to be used for a sexually oriented business to the nearest point of the parcel from which the proposed land use is to be separated.

   C.   Design Review Procedures: All sexually oriented businesses shall comply with the design review procedures set forth in section 12-10A-1 of this title. (Ord. 849, 8-17-2009)

   A.   Alcoholic Beverages: No sexually oriented business shall be permitted to operate in a building where alcoholic beverages are served for consumption on the premises.

   B.   Display Of Merchandise Visible Outside Premises: No sexually oriented business shall permit any display of merchandise or services to be visible from outside the premises in which the business is located. (Ord. 849, 8-17-2009)

This chapter shall not be construed to prohibit:

   A.   Plays, operas, musicals or other dramatic works that are not obscene.

   B.   Classes, seminars and lectures held for serious scientific or educational purposes that are not obscene.

   C.   Exhibitions, performances, expressions or dances that are not obscene.

   D.   Massage facilities employing licensed massage therapists adjunct to athletic clubs, health clubs, medical facilities, hotels, motels or beauty salons; or massage facilities licensed by the state. (Ord. 849, 8-17-2009)

   A.   Purpose: It is the purpose of this chapter to provide for and promote the health, safety and welfare of the general public, to protect property values and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.

   B.   Duties Of City Discretionary: No provision, nor any term used in this chapter, is intended to impose any duty whatsoever upon the city or any of its officers or employees, for whom the implementation or enforcement of this chapter is discretionary and not mandatory.

   C.   Nonliability Of City: Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from the failure of any owner, operator, manager or other person in charge of said premises to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement pursuant to this chapter, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees or agents. (Ord. 849, 8-17-2009)

No sexually oriented business shall be permitted to operate unless the business, its owner(s), managers, and employees are in full compliance with the licensing requirements established by the city 1 . (Ord. 849, 8-17-2009)