It is deliberately intended that the contents of this chapter recognize the importance and benefits of freedom of expression to a democratic society. Therefore, it is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment to the United States Constitution or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Similarly, this chapter has neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Conversely, it is neither the intent nor effect of this chapter to condone or legitimize the distribution of obscene material for child pornography nor the display or distribution of harmful materials to minors. However, the city of Oroville finds that other communities have proven through studies and experience that these businesses, when unregulated, promote illegal activities including obscenity, sexual offenses, and prostitution, as well as creating a variety of secondary impacts on local communities including increase of crime, decline in property values, blighting of neighborhoods, diminution of quality of life, corruption of youth, and depression of business activity. As with many other businesses regulated in this title, this chapter is intended to regulate the location and use of property to promote the health, safety and welfare of the community.

(Ord. 668 §3(part), 2003).

This chapter specifically governs the location and siting of adult entertainment facilities within the city. The licensing and operation of adult entertainment facilities is governed by Chapter 5.24 of this code. All adult entertainment facilities shall satisfy the requirements of both this title and Chapter 5.24 of this code, and any other portion of the Oroville Municipal Code that may be applicable.

(Ord. 668 §3(part), 2003).

No person or persons shall use any property or premises for a sexually oriented business within the city of Oroville, except as allowed by this title, Chapter 5.24 of this code, any other portion of the Oroville Municipal Code that may be applicable, and applicable laws of the state of Washington, as they exist or are hereafter amended.

(Ord. 668 §3(part), 2003).

The provisions of this section shall apply to all sexually oriented businesses, including or similar to adult retail establishments, adult panorama theaters or arcades, adult motion picture theaters, adult cabaret, and adult motels/hotels.

(Ord. 668 §3(part), 2003).

Retail establishments, such as video stores, that do not fit the definition of a sexually oriented retail establishment due to their limited "stock in trade" as provided in this chapter but that sell or otherwise distribute such merchandise as books, magazines, posters, cards, pictures, periodicals, or other printed matter; prerecorded video tapes, DVDs, discs, film, or other such medium, instruments, devices, equipment, paraphernalia or other such products distinguished or characterized by the depiction of, description, simulation, or relation to "specified sexual activities" or "specified anatomical areas," shall be subject to Chapter 9.68 RCW and definitions therein, as well as the following:

(1)

All such items as are described in this section shall be physically segregated and closed off from other portions of the store such that these items are not visible and/or accessible from other portions of the store.

(2)

No advertising for such items shall be posted or otherwise visible, except where such items are authorized by law for display.

(3)

Signs, in English and Spanish with letters at least two inches high on a contrasting background and readable at a distance of twenty feet shall be posted at the entrance to the area where such items are displayed stating that persons under the age of eighteen are not allowed to the area where sexually oriented items are displayed.

(4)

The manager or attendant shall take reasonable steps to monitor the area where such sexually oriented items are displayed to ensure that persons under eighteen years of age do not access the age-restricted area.

(5)

Rental or sale of obscene material, as defined by this chapter, shall be considered a moral nuisance, and subject to abatement pursuant to this section and RCW 7.48.058.

(6)

Employees of such retail establishments shall check identification for the age of all persons renting or purchasing such sexually oriented items.

(Ord. 668 §3(part), 2003).

This section shall not be construed to prohibit or otherwise regulate the following uses and activities:

(1)

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

(2)

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

(3)

Exhibitions, performances, expressions, or dances that are not obscene;

(4)

Persons appearing in a state of nudity or seminudity in a nude or seminude model studio operated by:

(A)

A proprietary school, licensed by the state of Washington; a college, or junior college supported entirely or partly by taxation,

(B)

A private college approved by a national accrediting association, which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.

(Ord. 668 §3(part), 2003).

The city of Oroville shall not issue a building permit for the establishment or expansion of a sexually oriented business unless and until the requirements of the section have been fully met. The administrator is responsible for ascertaining whether a proposed sexually oriented business for which a building permit is being applied for, complies with all requirements enumerated in this chapter and all other applicable zoning laws and regulations. Applicants shall submit any and all information deemed necessary by the administrator to determine compliance with this section. Upon receipt and review of this information, the administrator shall prepare a staff report, including findings of fact. Upon completion, such staff report shall be provided for distribution as part of the sexually oriented business license application, as referenced by Section 5.24.080 of this code.

(Ord. 668 §3(part), 2003).

No sexually oriented business shall be located closer than three hundred feet to another sexually oriented business use whether such use is located within or outside the city limits. Such distance shall be measured by following the route of pedestrian travel from the nearest point of public entry into the structure which will house the proposed sexually oriented business to the nearest point of public entry into the structure housing another sexually oriented business.

(Ord. 668 §3(part), 2003).

(a)

No sexually oriented business shall be located closer than three hundred feet to any of the following uses whether such use is located within or outside the city limits:

(1)

Public or private preschools, primary or secondary schools, colleges and universities;

(2)

Child day care centers;

(3)

Family child care homes;

(4)

Public libraries;

(5)

Community centers; and

(6)

Religious institutions including places of worship primarily devoted to the teaching or practice of religious beliefs.

(b)

No sexually oriented business shall front any street that shares the same zoning district boundary with a residential district. In the case of a through, or double-frontage lot, no sexually oriented business shall be located with public access to a street that is shared with the boundary of a residential district.

(Ord. 668 §3(part), 2003).

Required buffers from incompatible uses shall be measured by following the route of pedestrian travel from the nearest point of public entry into the structure which will house the proposed sexually oriented business to the nearest point on the property boundary of the uses identified in Section 17.70.080 of this chapter.

(Ord. 668 §3(part), 2003).

All buildings in which sexually oriented businesses are located shall have facades and all other exterior surfaces that are indistinguishable from surrounding buildings. Illustrations depicting partially or totally nude males and/or females shall not be posted or painted on any exterior wall of a building or sign used for a sexually oriented business use.

(Ord. 668 §3(part), 2003).

All sexually oriented businesses such as adult motion picture theaters and adult panoramas or arcades that allow customers' viewing of depictions of human nudity and/or sexual conduct of any nature, including specified sexual activities, shall comply with the following regulations:

(1)

All viewing areas or booths within sexually oriented businesses shall be visible from a manager's station and shall not be obscured by any curtain, door, wall or other enclosure. Any door, curtain, or other enclosure at the entrance to a viewing area or booth must be transparent. As used in this subsection, "viewing area or booth" means the area where a patron or customer would be positioned while watching a film, video, or other viewing device.

(2)

All viewing areas or booths shall be separated by transparent partitions constructed of a nonbreakable material. No openings in such partitions for ventilation or other purposes shall extend higher than twelve inches from the floor or lower than eighty-four inches from the floor.

(3)

All viewing areas or booths shall be maintained in a clean and sanitary condition at all times with sufficient lighting so that all objects are plainly visible at all times.

(4)

No steps or risers are allowed in any viewing area or booth.

(5)

No viewing area or booth shall have more than one permanently affixed stool type seat. In order to prevent obscuring the occupant of a viewing area or booth from view, no stool for seating within a viewing area or booth shall have any seat back or sides.

(6)

Only one person may occupy a viewing booth at any given time.

(Ord. 668 §3(part), 2003).

On-site parking for sexually oriented businesses shall be required and regulated in accordance with Chapter 17.80 of this code, and in addition shall meet the following requirements:

(1)

All on-site parking areas and premises entries shall be illuminated from dusk until one hour past closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on the parking surfaces and walkways.

(2)

All parking must be visible from the fronting street. Access to the exterior rear of the building shall be denied to any persons other than employees and public officials during the performance of their respective duties and tasks.

(3)

All sexually oriented business premises must be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons, members, or customers are permitted access at an illumination of not less than ten foot-candles as measured at the floor level at all times while patrons, members, or customers are permitted within the premises.

(Ord. 668 §3(part), 2003).

Any sexually oriented businesses operating on the effective date of the ordinance codified in this chapter that, as a result of the enforcement of this section, is in violation of locational or structural configuration requirements described in this chapter shall be deemed a nonconforming use under Chapter 17.104 of this code and shall not be subject to the distance requirements set forth in Sections 17.70.070 and 17.70.080 of this chapter, but shall be subject to all other provisions of this section.

(Ord. 668 §3(part), 2003).