Marysville City Zoning Code
CHAPTER 18
66 ADULT ENTERTAINMENT FACILITIES
§ 18.66.010 Purpose.
It is recognized that certain types of adult entertainment facilities possess certain objectionable operational characteristics which can have a deleterious effect upon adjacent areas. It is also recognized that locating certain adult entertainment facilities in the vicinity of facilities frequented by minors will cause the exposure of minors to adult material which, because of their immaturity, may adversely affect them. In addition, it is recognized that certain adult entertainment facilities will result in blighting and deterioration to the areas in which such businesses are located. It is also recognized that certain adult entertainment facilities will adversely affect activities and objectives in the redevelopment area of the city by discouraging new business of a community-wide orientation from locating in the area. Finally, it is recognized that many persons are offended by the public display of certain sexual materials. Special regulation of these adult entertainment facilities is necessary to ensure that the adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood or the redevelopment area of the city and will not have an adverse effect on minors.
(Ord. 989 § 2, 1983)
§ 18.66.020 Definitions.
As used in this chapter, the following terms shall have the meanings herein ascribed to them:
(a)
"Sexual conduct"
includes the following:
(1)
The fondling or other touching of human genitals, pubic region, buttocks, or female breasts;
(2)
Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy;
(3)
Masturbation; and
(4)
Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) of this section.
(b)
"Specified anatomical areas"
include the following: human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola.
(c)
"Adult bookstore"
means an establishment having as a sufficient portion of its stock in trade books, films, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing "sexual conduct" or "specified anatomical areas."
(d)
"Adult mini-motion picture theater"
means an enclosed building with a capacity of less than fifty persons used for presenting a preponderance of films whose dominant or predominant character and theme is the depiction or description of "sexual conduct" or "specified anatomical areas."
(e)
"Adult motion picture arcade"
means any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or 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 preponderance of images displayed have as their dominant or predominant theme the depiction or description of "sexual conduct" or "specified anatomical areas."
(f)
"Adult motel"
means a motel wherein material is regularly presented which has as its dominant or predominant theme the depiction or description of "sexual conduct" or "specified anatomical areas."
(g)
"Adult motion picture theater"
means an enclosed building with a capacity of fifty or more persons used for presenting a preponderance of films whose dominant or predominant character and theme is the depiction or description of "sexual conduct" or "specified anatomical areas."
(h)
"Cabaret"
means a night club, theater, or other establishment which features live performances by topless and/or bottomless dancers, strippers, or similar entertainers, where the dominant or predominant character or theme of such performances is the depiction or description of "sexual conduct" or "specified anatomical areas."
(i)
"Massage parlor"
means any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with "sexual conduct," or where any person providing such treatment, manipulation or service related thereto exposes "specified anatomical areas"; provided, that nothing herein shall be deemed to apply to any facility operated by one of the classes of individuals described in Section 5.48.270.
(j)
"Sexual encounter center"
means any business, agency, or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in "sexual conduct" or exposing "specified anatomical areas."
(k)
"Adult entertainment facility"
means any business or establishment of the type described in subsections (c), (d), (e), (f), (g), (h), (i), or (j) of this section.
(Ord. 989 § 2, 1983)
§ 18.66.030 Location.
The location of any adult entertainment facility, as defined in Section 18.66.020, shall be permitted only within the following area:
Beginning at the northeast corner of Block 2, Range "F," as shown upon the Official Map of the City of Marysville, approved March 22, 1856, and now on file in the Office of the County Recorder of the county of Yuba, state of California; thence west along the south line of Second Street to a point where Second Street intersects the toe of the levee; thence southeasterly along the toe of the levee to a point where the toe of the levee intersects the west line of "E" Street; thence north along the west line of "E" Street to the northeast corner of Block 2, Range "F," the point of beginning.
(Ord. 989 § 2, 1983)
§ 18.66.040 Signs or display of materials.
Adult entertainment facilities as described in this chapter shall not erect any sign or display or exhibit any material depicting any sexual conduct or specified anatomical areas which exposes said material to the view of persons outside the building in which said adult entertainment facility is located. The only sign permitted with respect to the operation of any such facility shall be a single unlighted sign no larger than six square feet. Such sign shall otherwise comply with all of the requirements set forth in this title.
(Ord. 989 § 2, 1983)
§ 18.66.050 Penalty for violation.
Violation of this chapter is punishable by a fine not exceeding five hundred dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each day during any portion of which any violation of this chapter is committed, permitted or continued shall constitute a separate offense.
(Ord. 989 § 2, 1983)
