It is the purpose and intent of this article to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content or any communicative materials, deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult oriented entertainment to their intended market. Neither is it the intent nor effect of the article to condone or legitimize the distribution of obscene material. (Ord. No. 428)

For the purposes of this article, certain terms and words are defined as follows:

"Adult oriented business" means an adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theatre, adult theatre, massage parlor, sexual encounter establishment, escort agency or nude model studio. Under no circumstances shall a “Massage Establishment” as defined in 12-221 be considered an “Adult Oriented Business”. Adult oriented businesses are those businesses defined as follows: (Ord 569-AC)

1. "Adult arcade" means an establishment where, for any form of consideration, one (1) or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five (5) or fewer persons each, are regularly available or used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
2. "Adult bookstore," "adult novelty store" or "adult video store" means a commercial establishment which: (A) has as a significant or substantial portion of its stock-in-trade; or (B) derives a significant or substantial portion of its revenues; or (C) devotes a significant or substantial portion of its interior floor or display space; or (D) devotes a significant or substantial portion of its business activities or employees' time, or advertising, to the sale, rental or viewing for any form of consideration, of any one (1) or more of the following:
   1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas,
   2. Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities,
   3. An establishment may have other significant or substantial business purposes that do not involve the offering for sale, rental or viewing of materials, depicting or describing "specified sexual activities" or specified anatomical areas, and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one (1) of its significant or substantial business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe specified anatomical areas or specified sexual activities.
3. "Adult cabaret" means a nightclub, bar, restaurant "bottle shop," or similar commercial establishment, whether or not alcoholic beverages are served, which features: (A) persons who appear nude or in a state of nudity or seminude; (B) live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or (C) films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
4. "Adult motel" means a motel, hotel or similar commercial establishment which: (A) offers public accommodations, for any form of consideration, and which regularly provides or makes available to patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this adult oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or (B) offers a sleeping room for rent for a period of time less than ten (10) hours; or (C) allows a tenant or occupant to rent or sub-rent the sleeping room for a time period of less than ten (10) hours.
5. "Adult motion picture theater" means a commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions depicting or describing specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.
6. "Adult theatre" means a theater, concert hall, auditorium, or similar commercial establishment which, for any form or consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of specified anatomical areas or by specified sexual activities.
7. "Escort" means a person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, for sexual purpose, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
8. "Escort agency" means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
9. "Massage parlor" deleted (Ord 569-AC)
10. "Regularly features or regularly shown" with respect to an adult cabaret, adult theatre, or adult motion picture theatre means at least three (3) times within any thirty (30) day period; or carried on as part of the business' routine scheduling of events or activities and not so infrequently as to constitute a single, rare or unusual event or occurrence.
11. "Seminude model studio" means any place where a person, who appears in a state of semi nudity or displays specified anatomical areas is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. The definition of adult oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
12. "Sexual encounter establishment” means a business or commercial establishment, that as one (1) of its important business purposes, offers for any form of consideration, a place where two (2) or more persons may congregate, associate, or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas or activities when one (1) or more of the persons is in a state of nudity or seminude.
13. "Significant or substantial portion" means such a percentage of its activities, space allocation, revenues, advertising targeting, stock-in-trade, floor or display space, business receipts, revenues, or other business undertakings as to indicate to a reasonable person that the adult oriented portion of the business is one (1) of its important activities, though not necessarily its only or even primary activity; for this purpose, evidence that thirty-three (33) percent or more of its revenues are derived from such adult oriented activities or materials, or that thirty-three (33) percent or more of its interior floor space or display space is devoted to such adult oriented activities or materials, or that thirty-three (33) percent or more of its actual stock in trade regularly displayed and immediately available for use, rental, purchase, viewing or perusal is comprised of such adult oriented materials, all as defined in subsection (b)(1) and (2) of this section, shall be evidence that a significant or substantial portion of the business is devoted to such uses.
14. "Employee" means a person who works or performs in and/or for an adult oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.
15. "Establishment" means and includes any of the following:
    1. The opening or commencement of any such business as a new business;
    2. The conversion of an existing business, whether or not an adult oriented business, to any of the adult oriented businesses defined in this article;
    3. The addition of any of the adult oriented businesses defined in this article to any other existing adult oriented business;
    4. The relocation of any such adult oriented business; or
    5. The substantial enlargement of any such adult oriented business.

"Nudity or state of nudity” means: (1) the appearance or display of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or (2) a state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.

"Operator" means and includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.

"Permitted or licensed premises" means any premises that requires a license and/or permit and that is classified as an adult oriented business.

"Permittee and/or licensee" means a person in whose name a permit and/or license to operate an adult oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.

"Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity.

"Public building" means any building owned, leased or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States.

"Public park" or "recreation area" means public land which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space, wilderness areas, or similar public land within the city which is under the control, operation, or management of the city park and recreation authorities.

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

"Residential district" means an area zoned for single-family homes, duplexes, town homes, multiple family residences, mobile home parks or subdivisions, and recreational vehicle parks, as defined in the Needles zoning ordinance codified in this part.

"School" means any public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.

"Seminude" means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

"Specified anatomical areas," as used herein means and includes any of the following:

1. 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
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

"Specified criminal acts" means acts which are sexual crimes against children, sexual abuse, rape or crimes connected with another adult oriented business included but not limited to distribution of obscenity or material harmful to minors, prostitution or pandering.

"Specified sexual activities," as used in this article means and includes any of the following:

1. The fondling or other intentional touching of human genitals for purpose of sexual arousal, or fondling or other intentional touching of human genitals, pubic region, anus, or female breasts;
2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
3. Masturbation, actual or simulated;
4. Human genitals in a state of sexual stimulation, arousal or tumescence; or
5. Excretory functions as part of or in connection with any of the activities set forth in subdivisions (a) through (d) of this definition.

"Transfer of ownership or control of an adult oriented business" means and includes any of the following:

1. The sale, lease or sublease of the business;
2. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means;
3. The establishment of a trust, gift or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. (Ord. No. 428-AC)

The establishment of any adult oriented business shall be permitted only in the highway commercial zone located north of the Needles Highway/I-40 interchange, west of Needles Highway, and shall be subject to the following restrictions. No person shall cause or permit the establishment of any of the following adult oriented businesses, as defined in this article, within six hundred (600) feet of another such business or within six hundred (600) feet of any religious institution, school, boys' club, girls' club, or similar existing youth organization, or public park, or any public building regularly frequented by children, or any residence:

1. Adult arcade;
2. Adult bookstore, adult novelty store or adult video store;
3. Adult cabaret;
4. Adult motel;
5. Adult Motion Picture Theater;
6. Adult theater;
7. Massage parlor;
8. Sexual encounter establishment;
9. Escort agency; or
10. Nude model studio. (Ord. No. 428-AC, 569-AC)

Distance between any two (2) adult oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult oriented business and any religious institution, school, boys' club, girls' club, or similar existing youth organization, or public park or public building regularly frequented by children or any residence shall also be measured in a straight line, without regard to intervening structures or objects from the nearest portion of the building or structure used as part of the premises where adult oriented business is conducted, to the nearest property line of the premises of a religious institution, public or private elementary or secondary school, or the nearest boundary of an affected public park, public building regularly frequented by children, or any residence. (Ord. No. 428-AC)

If any section, subsection or clause of this article shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining section, subsection and clauses shall not be affected thereby. The city council declares its intention that each section, subsection and clause of this article would have been enacted without any clause, subsection or section which may be determined by a court to be invalid or unenforceable. (Ord. No. 428-AC)

An adult oriented business is required to apply for and obtain all other permits required by this part and to comply with all other requirements of this part, notwithstanding that it complies with the requirements of this article. (Ord. No. 428-AC)

A variance to the provisions of this article may be granted if strict application of this article would violate the applicant's Constitutional Rights. Upon such application, the city council is authorized to waive any of the requirements of this article if the applicant shows, to the satisfaction of the city council, that strict enforcement of the provisions of this article would violate the applicant’s Constitutional rights. (Ord. No. 428-AC)