(A)   (1)   The intent of this article is to regulate businesses which, unless closely regulated, tend to have serious negative secondary effects on the community, which effects include, but are not limited to the following: the depreciation of property values and increase in vacancies in residential and commercial areas in the vicinity of adult businesses; interference with the residential property owners’ enjoyment of their property, when such property is located in the vicinity of adult businesses as a result of increases in crime, litter, noise and vandalism; and blighting conditions such as low level maintenance of commercial premises and parking lots which thereby have a deleterious effect upon adjacent areas.

      (2)   Special regulation of these businesses is necessary to prevent these adverse secondary effects and the blighting or degradation of the neighborhoods in the vicinity of adult-oriented businesses.

   (B)   It is neither the intent nor the effect of this article to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of this article to restrict or deny access by adults to adult-oriented materials or to deny access to the distributors or exhibitors of adult-oriented businesses to their intended market.

   (C)   Nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinance or any statute of the state regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.

(`61 Code, § 25.26.01) (Ord. 915, passed 6-20-2000)

   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ADULT-ORIENTED BUSINESS. An establishment which as a regular and substantial course of conduct performs or operates as an adult arcade, adult bookstore or adult video store, adult cabaret, adult-oriented motel, adult motion picture theater, adult theater, nude model studio or sexual encounter center, more specifically defined as follows:

      (1)   ADULT ARCADE. Any place in which a significant or substantial portion of the total floor area is devoted to a use to which the public is permitted or invited wherein coin-operated 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 images so displayed are distinguished or characterized by the depicting or describing specified sexual activities or specified anatomical areas.

      (2)   ADULT BOOKSTORE or ADULT VIDEO STORE. An establishment in which a significant or substantial portion of the total floor area is devoted to the display for sale or rental for any form of consideration any one or more of the following:

         (a)   Books, magazines, periodicals or other printed matter or photographs, films, motion picture, video cassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or

         (b)   Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

      (3)   ADULT CABARET. A nightclub, bar, restaurant or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of described specified sexual activities or by specified anatomical areas; or 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 MOTION PICTURE THEATER. An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a significant or substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction of specified anatomical areas or specified sexual activities.

      (5)   ADULT-ORIENTED MOTEL. A hotel, motel or similar commercial establishment offering public accommodations for any form of consideration which provides to its patrons, through the provision of rooms equipped 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.

      (6)   ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

      (7)   NUDE MODEL STUDIO.

         (a)   Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration or gratuity.

         (b)   This provision shall not apply to any school of art which is operated by an individual, firm, association, corporation or institution which meets the requirements established in the State Education Code for the issuance or conferring of, and is in fact authorized thereunder to issue and confer a diploma.

      (8)   SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration, activities between male and female persons and/or persons of the same sex when one or more of the persons is nude or semi-nude.

   NUDITY or STATE OF NUDITY. The appearance of a human bare buttock, anus, male genitals, female genitals or full female breast.

   REGULARLY. More than two times in any 30-day period.

   SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic region and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.

   SIGNIFICANT OR SUBSTANTIAL PORTION. Fifteen percent or more of revenues are derived from sexually oriented activities or materials or that 15% or more of interior floor space is devoted to sexually-oriented activities or materials or that 15% or more of the actual stock in trade regularly displayed and immediately available for use, rental, purchase, viewing or perusal is comprised of sexually-oriented materials.

   SPECIFIED ANATOMICAL AREAS. The male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.

   SPECIFIED SEXUAL ACTIVITIES. Any of the following:

      (1)   The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

      (2)   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

      (3)   Masturbation, actual or simulated; or

      (4)   Excretory functions as part of or in connection with any of the activities set forth herein.

(`61 Code, § 25.26.03) (Ord. 915, passed 6-20-2000)

   (A)   An adult-oriented business shall be permitted only within —1 and —2 zoning districts upon meeting the following locational requirements and obtaining a certificate of occupancy:

      (1)   The adult-oriented business is not within:

         (a)   One thousand feet of a church, synagogue or other regular place of worship or a public, private elementary or secondary school;

         (b)   One-thousand feet of a government building used as a place of public assembly;

         (c)   Five-hundred feet of a residence or the boundary of any residential district;

         (d)   One-thousand feet of a public park or playground; and/or

         (e)   One-thousand feet of another adult-oriented business.

      (2)   For the purpose of this chapter, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where an adult-oriented business is conducted, to the nearest property line of the premises of another adult-oriented business, a church, a public or private elementary or secondary school or government building used as a public assembly, or the nearest boundary of an affected public park, residential district or residential lot.

   (B)   The cost of verifying the locational requirements noted in division (A)(1) above, and the operational requirements noted in divisions (D) and (E) below shall be paid by the applicant of the adult- oriented business occupancy application. The cost shall not exceed the cost associated with processing the application but shall not be less than $500.

   (C)   All adult-oriented businesses and activities shall meet the minimum operational requirements listed in this division.

      (1)   All buildings, openings, entries, windows and the like for adult-oriented businesses shall be located, screened or covered in a manner to prevent a view into the interior from any public area.

      (2)   No person under the age of 18 years or any obviously intoxicated person shall be permitted within the premises at any time. Notice of this limitation shall be clearly marked on or immediately adjacent to all entrances.

      (3)   Signage shall conform to the standards applicable to the zoning district, except that the signs shall be limited to the business name, street address and age limitation sign noted in division (D)(2) above.

      (4)   All adult-oriented business uses shall be contained entirely within an enclosed building.

      (5)   The premises within which an adult-oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside the premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building.

      (6)   Except as otherwise provided in this chapter, the adult-oriented business shall comply with the applicable zoning, parking, signage and development standards.

      (7)   The entire exterior grounds, including the parking lot, shall be lighted.

      (8)   All indoor areas of the adult-oriented business within which patrons are permitted, except restrooms, shall be open to view at all times.

      (9)   Adult-oriented businesses shall not operate between the hours of 12:01 a.m. and 9 a.m.

      (10)   The adult-oriented business shall not be located, in whole or in part, within any portable structure.

   (D)   In addition to the requirements noted above, adult arcades as defined in this article shall conform to the following:

      (1)   Upon application for establishment of an adult arcade, the applicant shall provide to the city a diagram showing a floor plan including one or more manager’s stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station shall not exceed 32 square feet of floor area with no dimension greater than eight feet. The diagram shall be drawn to a designated scale with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches.

      (2)   The interior of the premises shall be configured in a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. The view required by this section must be by direct line of sight from an occupied manager’s station.

      (3)   It shall be the duty of the owner(s) and it shall also be the duty of all employees present on the premises to insure that the view area specified in division (E)(2) above remains unobstructed by any doors, walls, persons, merchandise, display racks or other materials at all times and to insure that no person is permitted access to any area of the premises which has been designated as an area in which the patrons will not be permitted in the diagram filed pursuant to division (E)(1) above.

      (4)   The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access with an illumination of not less than ten foot candles as measured at the floor level.

      (5)   It shall be the duty of the owner(s) and it shall also be the duty of all employees present on the premises to insure that the illumination described in division (E)(4) above is maintained at all times that any patron is on the premises.

      (6)   No alteration in the configuration or location of the manager’s station(s) may be made without the approval of the Community Development Director or designee.

(`61 Code, § 25.26.05) (Ord. 915, passed 6-20-2000; Am. Ord. 939, passed 5-20-2003; Am. Ord. 1018, passed 9-3-2013)