It is the purpose of this chapter to regulate adult oriented businesses in order to promote the health, safety and welfare of the citizens of Redlands and to prevent communitywide adverse economic impacts, increased crime, decreased property values and the deterioration of neighborhoods which can be brought about by the concentration of adult oriented businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, churches and residentially zoned districts or uses. The city council of the city of Redlands finds that it has been demonstrated in various communities that the concentration of adult oriented businesses causes an increase in the number of transients in the area and an increase in crime, and in addition to the effects described above, can cause other businesses and residents to move elsewhere. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or prohibition on the content of any communicative materials, including adult oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to adult 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 this chapter to condone or legitimize the distribution of obscene material. It is, therefore, the purpose of this chapter to establish reasonable and uniform regulations to prevent the concentration of adult oriented businesses or their close proximity to incompatible uses, while permitting the location of adult oriented businesses in certain areas. (Ord. 2345 § 1, 1997)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

   ADULT ORIENTED BUSINESS: Any one of the following:

Adult Arcade: An establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five (5) or fewer persons each, are used to show films, computer generated images, motion pictures, videocassettes, slides or other photographic reproductions thirty percent (30%) or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult Bookstore: An establishment that has thirty percent (30%) or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, videocassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.

Adult Cabaret: A nightclub, restaurant or similar business establishment which: a) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or b) which regularly features persons who appear seminude; and/or c) shows films, computer generated images, motion pictures, videocassettes, slides or other photographic reproductions thirty percent (30%) or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult Hotel/Motel: A hotel or motel or similar business establishment offering public accommodations for any form of consideration which: a) provides patrons with closed circuit television transmissions, films, computer generated images, motion pictures, videocassettes, slides or other photographic reproductions thirty percent (30%) or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and b) rents, leases or lets any room for less than a six (6) hour period, or rents, leases or lets any single room more than twice in a twenty four (24) hour period.

Adult Motion Picture Theater: A business establishment where, for any form of consideration, film, computer generated images, motion pictures, videocassettes, slides or similar photographic reproductions are shown, and thirty percent (30%) or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult Theater: A theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

Modeling Studio: A business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the state board of education. "Modeling studio" further does not include a studio or similar facility owned, operated or maintained by an individual artist or group of artists, and which does not provide, permit, or make available "specified sexual activities".

   ADULT ORIENTED BUSINESS OPERATOR (HEREINAFTER "OPERATOR"): A person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult oriented business or the conduct or activities occurring on the premises thereof.

   APPLICANT: A person who is required to file an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation or any other operator, manager, employee or agent of an adult oriented business.

   BAR: Any commercial establishment licensed by the state department of alcoholic beverage control to serve any alcoholic beverages on the premises.

   CHIEF OF POLICE: The chief of police of the city of Redlands or the authorized representatives thereof.

   CHURCH: A structure which is used primarily for religious worship and related religious activities.

   DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON: Means and refers to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. city of Covina, 115 Cal.App.3rd 151 (1981).

   ESTABLISHMENT OF AN ADULT ORIENTED BUSINESS: Means and includes any of the following:

   A.   The opening or commencement of any adult oriented business as a new business;

   B.   The conversion of an existing business, whether or not an adult oriented business, to any adult oriented business defined in this chapter;

   C.   The addition of any of the adult oriented businesses defined in this chapter to any other existing adult oriented business; or

   D.   The relocation of any such adult oriented business.

   FIGURE MODEL: Any person who, for pecuniary compensation, consideration, hire or reward poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed or otherwise depicted.

   HEALTH OFFICER: The health officer of the county of San Bernardino or his/her duly authorized representative.

   MASSAGE PARLOR: Any place where, for any form of consideration or gratuity massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with "specified sexual activities", or where any person providing such treatment, manipulation or service related thereto, exposes "specified anatomical areas". The definition of a sexually oriented businesses or massage parlor shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.

   NUDITY OR A STATE OF NUDITY: The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernible turgid state.

   OPERATE AN ADULT ORIENTED BUSINESS: As used in this chapter "operate an adult oriented business" means the supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for, or in charge of, the conduct of activities of an adult oriented business or activities within an adult oriented business.

   PERMITTEE: The person to whom an adult oriented business permit is issued.

   PERSON: Any individual, partnership, copartnership, firm, association, joint stock company, corporation or combination of the above in whatever form or character.

   REGULARLY FEATURES: With respect to an adult theater or adult cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two (2) or more occasions within a thirty (30) day period; three (3) or more occasions within a sixty (60) day period; or four (4) or more occasions within a one hundred eighty (180) day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

   SCHOOL: Any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the state board of education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocation or professional institution of higher education, including a community or junior college, college or university.

   SEMINUDE: A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

   SEMINUDE MODEL STUDIO: Any place where a person, who appears seminude 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.

   SEXUAL ENCOUNTER ESTABLISHMENT: A business or commercial establishment that as one of its primary 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 or more of the persons is seminude. The definition of sexually 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.

   SPECIFIED ANATOMICAL AREAS: Means and includes any of the following:

   A.   Less than completely and opaquely covered human genitals or pubic region; buttocks; and female breast below a point immediately above the top of the areola; and

   B.   Human male genitals in a discernible turgid state, even if completely and opaquely covered;

   C.   Any device, costume or covering that simulates any of the body parts included in subsection A or B of this definition.

   SPECIFIED SEXUAL ACTIVITIES: Means and includes any of the following, whether performed directly or indirectly through clothing or other covering:

   A.   The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast;

   B.   Sex acts, actual or simulated, including intercourse, oral copulation or sodomy;

   C.   Masturbation, actual or simulated;

   D.   Excretory functions, as part of or in connection with any of the other activities described in subsections A through C of this definition.

   SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS: An increase in the floor areas occupied by the business by more than fifteen percent (15%), as the floor areas exist on the effective date of this chapter. (Ord. 2345 § 1, 1997)

No adult oriented business shall be established or located in any zone in the city other than the city's "C-M" commercial manufacturing zone, the "M-2" general industrial zone, the "I-P" industrial district zone or within the "EV/IC" commercial industrial land use designation of the city's East Valley Corridor specific plan (specific plan #40), all as designated on the city's official zoning map as defined in this title, or within certain distances of certain specified land uses or zones as set forth below:

   A.   No such business shall be established or located within five hundred feet (500') of any other adult oriented business.

   B.   No such business shall be established or located within one thousand feet (1,000') from any existing residential zone, park, church or school.

   C.   The distances set forth in this section shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use and the nearest lot line included with the residential zone, park, school or church, along a straight line extended between the two (2) points without regard to intervening structures. (Ord. 2345 § 1, 1997)

Any use of real property existing on the effective date of this chapter, which does not conform to the provisions of section 18.226.030 of this chapter, but which was constructed, operated and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued until one year after the effective date of this chapter. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved by the hearing officer in accordance with the provisions of section 18.226.050 of this chapter.

   A.   Abandonment: Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult oriented business shall result in a loss of legal nonconforming status of such use.

   B.   Amortization; Annexed Property: Any adult oriented business which was a legal use at the time of annexation of the property and which is located in the city, but which does not conform to the provisions of section 18.226.030 of this chapter shall be terminated within one year of the date of annexation unless an extension of time has been approved by the city's hearing officer in accordance with the provisions of section 18.226.050 of this chapter. (Ord. 2345 § 1, 1997)

The owner or operator of a nonconforming use as described in section 18.226.040 of this chapter may apply under the provisions of this section to the city's director of community development for an extension of time within which to terminate the nonconforming use.

   A.   Time And Manner Of Application: An application for an extension of time within which to terminate a use made nonconforming by the provisions of section 18.226.030 of this chapter, may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the city's director of community development at least ninety (90) days but no more than one hundred eighty (180) days prior to the time established in section 18.226.040 of this chapter for termination of such use.

   B.   Content Of Application; Fees: The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the city council.

   C.   Hearing Procedure: The city manager shall appoint a hearing officer to hear the application. The hearing officer shall set the matter for hearing within forty five (45) days of receipt of the application. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the hearing officer shall be final and subject to judicial review pursuant to Code of Civil Procedure section 1094.6.

   D.   Approval Of Extension Findings: An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the hearing officer makes all of the following findings or such other findings as are required by law:

      1.   The applicant has made a substantial investment (including, but not limited to, lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to the effective date of this chapter;

      2.   The applicant will be unable to recoup the investment as of the date established for termination of the use; and

      3.   The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with section 18.226.030 of this chapter. (Ord. 2345 § 1, 1997)