Pullman City Zoning Code

17.37 Adult

Entertainment Business

(1) Adult Entertainment. Adult entertainment is defined as:

(a) Any exhibition, performance, or dance held at a location where a person is either completely unclothed or wearing clothing that reveals “specified anatomical areas,” as defined in subsection (4) of this section;

17.37.010 Purpose.

(1) Objective. The objective of this Chapter is to provide for regulation of adult entertainment establishments in a manner that fosters land use compatibility within the City.

(2) Findings. The Council has found, based on evidence from other jurisdictions that is believed to be relevant, that while adult entertainment businesses have some legal protection, they often cause or worsen negative effects in the community. These negative effects include illegal activities such as prostitution, drug and alcohol violations, disturbances, assaults, sexual offenses, and other crimes. Additionally, having many of these businesses in one area can lower property values nearby and lead to the decline of the area.

(3) Intent. The intent of this chapter is not to suppress any speech activities protected by the First Amendment or Chapter 4.105 RCW, but to enact a content-neutral ordinance which addresses the adverse secondary effects of adult entertainment businesses. (Ord. 25-08 §1 (Att. A), 2025).

17.37.020 Definitions.

(1) Adult Entertainment. Adult entertainment is defined as:

(b) Any exhibition, performance, or dance held at a location that focuses mainly on showing, describing, simulating, or relating to “specified sexual activities,” as defined in subsection (5) of this section; or

(c) Any exhibition, performance, or dance at a location where it is performed for, arranged with, or engaged in by fewer than all the people present, and where a separate fee is paid (either directly or indirectly) for the performance. This includes situations where the performer is either completely unclothed or wearing clothing that exposes “specified anatomical areas,” as defined in subsection (4) of this section. Examples of this include, but are not limited to, activities like table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing.

(2) Adult Entertainment Business. “Adult entertainment business” means the following establishments:

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

(b) Adult Motel. A hotel, motel, or similar commercial establishment which:

(i) a business that offers sleeping accommodations to the public for payment and, as a main part of its service, provides customers with closed-circuit TV, films, videos, slides, or other types of media that show or describe “specified anatomical areas,” as defined in subsection (4) of this section, or “specified sexual activities,” as defined in subsection (5) of this section, and that are not rated G, PG, PG-13, NC-17, or R by the Motion Picture Association of America; or

(ii) rents sleeping rooms for less than 10 hours; or

(iii) allows a tenant or occupant of a sleeping room to sub-rent the room for less than 10 hours.

A hotel or motel providing overnight accommodations is not considered an adult motel merely because it provides adult closed-circuit television programming in its rooms for its registered overnight guests.

(c) Adult Motion Picture Theater. A business or drive-in theater where a significant portion of the films, videos, slides, or similar media shown for payment feature the depiction or description of “specified anatomical areas,” as defined in subsection (4) of this section, or “specified sexual activities,” as defined in subsection (5) of this section, and are not rated G, PG, PG-13, NC-17, or R by the Motion Picture Association of America.

(d) Adult Retail Store. An enclosed building, or part of a building, that for money or other consideration, spends a significant amount of its business on the sale, exchange, rental, trade, transfer, or viewing of “adult-oriented merchandise” as defined in subsection (3) of this section. A retail store is considered to spend a significant portion of its business on adult-oriented merchandise if selling or offering it is important to the store’s financial success. It is assumed that adult-oriented merchandise plays a key role in the store’s success if it makes up a certain percentage of the store’s total business:

(i) 30% or more of the display area of the store open to the public;

(ii) 30% or more of the retail dollar value of all merchandise displayed in the store; or

(iii) 30% or more of the store’s inventory (whether measured by retail dollar value or number of items). A store will not be considered an adult retail store if its sales of adult-oriented merchandise are only a small or minor part of its business.

(e) Other Adult Entertainment Establishment. Any business where customers are invited or allowed in, and where adult entertainment makes up a large part of what the business offers. This includes, but is not limited to, escort agencies, semi-nude or nude modeling studios, or similar businesses.

(3) Adult-oriented Merchandise. Any items, such as videos, DVDs, magazines, books, posters, cards, or novelty items, that show, describe, or imitate “specified anatomical areas” as defined in subsection (4) of this section or “specified sexual activities” as defined in subsection (5) of this section.

(4) Specified Anatomical Areas. “Specified anatomical areas” means:

(a) Human genitals, pubic area, buttocks, and the lower part of the female breast, just above the areola, when these areas are not fully and clearly covered; and

(b) human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(5) Specified Sexual Activities. “Specified sexual activities” means:

(a) human genitals in a state of sexual stimulation or arousal;

(b) acts of human masturbation, sexual intercourse, or oral or digital stimulation; and

(c) fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. (Ord. 25-08 §1 (Att. A), 2025).

17.37.030 Applicability.

The standards established in this Chapter apply to all “adult entertainment businesses” as defined herein. (Ord. 25-08 §1 (Att. A), 2025).

17.37.040 Limitations.

This Chapter does not apply to or restrict the following activities or products: expressive dance; plays, operas, musicals, or other dramatic performances; educational or scientific classes, seminars, or lectures; printed materials or images for educational or scientific purposes; women breastfeeding; nudity in locker rooms or places used for changing clothes during exercise or sports; nudity in hospitals, clinics, or medical facilities for health reasons; and movies or videos rated G, PG, PG-13, NC-17, or R by the Motion Picture Association of America. (Ord. 25-08 §1 (Att. A), 2025).

17.37.050 Separation Standards.

(1) As described in PCC 17.70.030, an adult entertainment business is allowed to locate only in a C2 or C3 zoning district. Adult entertainment businesses will not be permitted to locate within 500 feet of any of the following sensitive zoning districts or sensitive uses:

(a) any residential zoning district;

(b) a C1 zoning district;

(d) a child day care facility;

(e) a public or private nursery school, preschool, or educational service;

(f) a public park;

(g) a church or other similar religious facility; and

(h) any other adult entertainment business.

(2) Distance will be measured in a straight line between the nearest property line of a sensitive zoning district or sensitive use and the nearest property line of the adult entertainment business.

(3) The Director of Community Development may grant an administrative variance in accordance with Chapter 17.130 PCC to modify the separation standards of this Section if the applicant can demonstrate that the following criteria are met:

(a) the physical features of the land and/or the manner in which the proposed adult entertainment business is to be designed would result in an effective separation between the proposed adult entertainment business and any sensitive zoning districts or uses in terms of visibility and access;

(b) the proposed adult entertainment business is compatible with surrounding uses; and

(4) An adult entertainment business will be considered a nonconforming use if a sensitive zone or use is established within 500 feet of it after the adult entertainment business has already been set up following the rules in this Chapter. (Ord. 25-08 §1 (Att. A), 2025. Formerly 17.37.060).

17.37.060 General Provisions.

(1) Advertisements, displays, signs, or other promotional material depicting or describing adult entertainment will not be visible from any public right-of-way or other public space.

(2) All entries, windows, and other openings in a building containing an adult entertainment business will be located or screened to prevent a view of adult entertainment activity or material from any public right-of-way or other public space. No adult entertainment activity or material will be visible from any public right-of-way or other public space.

(3) An adult entertainment business may not be operated or open to the public between the hours of 2:00 a.m. and 10:00 a.m. (Ord. 25-08 §1 (Att. A), 2025; Ord. 03-33 §72, 2003. Formerly 17.37.070).