The city council finds that adult entertainment businesses, because of their very nature, have objectionable and deleterious operational characteristics and effects on adjacent areas, particularly when located in close proximity to each other and when located in close proximity to residentially zoned or used property. Special regulation of these businesses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of the regulation is to prevent the concentration or clustering of these businesses in any one area.

(Ord. No. 946, § 3, 4-14-2009)

For the purposes of this chapter, the following words and phrases shall have the meaning ascribed to them in this section.

A.

"Adult live entertainment theater" means any place, building, enclosure or structure, partially or entirely used for "live adult entertainment," as defined in this section, performances or presentations characterized by an emphasis on depicting, exposing, displaying, or describing or relating to "specified sexual activities," "specified anatomical areas" or men and/or women in a "state of nudity" or "state of partial nudity" for observation by patrons or customers therein. "Live adult entertainment" means any physical human body activity, whether performed or engaged in alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which the performer(s) expose to public view without opaque covering "specified anatomical areas" or appear in a "state of nudity" or a "state of partial nudity" for any form of consideration.

B.

"Adult motion picture" or "video arcade" means any business where coin, paper, note, token, or credit card, debit card-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to four or fewer persons per machine, at any one time, and where the predominant character or theme of the images so displayed is distinguished or characterized by its emphasis on matters depicting, or relating to "specified sexual activities," "specified anatomical areas" or men and/or women in a "state of nudity" or "state of partial nudity." For purposes of this chapter, motion pictures receiving up to an "NC17" rating from a generally recognized movie rating organization shall not be deemed to be included in the definition of an adult motion picture or video arcade.

C.

"Adult motion picture theater" means any business, other than a hotel or motel which regularly provides closed-circuit viewing to each individual room as a secondary service to its hotel or motel customers, with the capacity for five or more persons where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions in which the predominant character and theme is distinguished or characterized by its emphasis on matters depicting or relating to "specified sexual activities," "specified anatomical areas" or men and/or women in a "state of nudity" or "state of partial nudity" as defined in this section, are regularly shown. This includes, without limitation, showing any such slides, motion pictures or videos by means of any video tape system which has a display, viewer, screen, or a television set. For purposes of this chapter, motion pictures receiving up to an "NC17" rating from a generally recognized movie rating organization shall not be deemed to be included in the definition of an adult motion picture theater.

D.

"Adult related business" means any establishment, business or concern which, as a regular course or conduct of the business, offers or engages in the display of "specified anatomical areas," "specified sexual activity," or men and/or women in a "state of nudity," or "state of partial nudity," as defined in this section, by patrons, employees or anyone on the premises, and includes without limitation the following types of establishments:

1.

Adult Related Book and Video Store. An "adult related book and video store" means an establishment, business or concern with more than twenty-five percent of its total floor display area devoted to and offering for sale or rent, stock-in-trade consisting of adult related book and video products, or an establishment where twenty-five percent or more of the retail or wholesale value of merchandise displayed or offered for sale or rent consists of adult related book and video products. The term "adult related book and video products" means books, magazines, periodicals or other printed matter, paintings, sculptures, photographs, drawings, motion pictures, slides, films, tapes, video cassettes, records, DVD, CD-ROM, or other visual or audio representations or any material in digital format, which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas."

2.

Adult Related Sexual Device Store. An "adult related sexual device store" means an establishment, business or concern which sells, rents, displays, exhibits or offers for sale any of the following products:

a.

Instruments, devices or paraphernalia which are designed or reasonably intended to be used in connection with "specified sexual activities"; or

b.

Goods which are replicas of, or which simulate "specified anatomical areas," or goods designed or reasonably intended to be placed on or in "specified anatomical areas" or reasonably intended to be used in conjunction with "specified sexual activities." Such goods include, but are not limited to, devices that are physical representations of the human genital organs, and devices with non-sex related utility being marketed or offered for sale or rent in a manner promoting sexual or sadomasochistic uses, including, but not limited to, leather whips, straps, harnesses, restraints and ligatures.

The following items are expressly not included within the definitions in this section: (1) devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy; (2) candles and incense; (3) body oils, creams and lotions; (4) lingerie, stockings and undergarments; (5) massage devices that are not replicas of human genital organs; (6) health care or personal hygiene products; and (7) food products.

3.

"Sexual encounter center" means any business, agency, or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

4.

"Adult live entertainment theater" as the term is defined in this section.

5.

"Adult motion picture" or "video arcade" as the term is defined in this section.

6.

"Adult motion picture theater" as the term is defined in this section.

E.

"Chief of police" means the chief of police or his/her designee.

F.

"City manager" means the city manager or his/her designee.

G.

"Employ," "employee," and "employment" describe and pertain to any person who performs any service on the premises of an adult entertainment establishment, on a full time, part time, or contract basis, regardless of whether the person is denominated an employee, independent contractor, agent, or otherwise. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.

H.

"Establish" means and includes any of the following:

1.

The opening or commencement of any adult related business as defined in this section;

2.

The conversion of an existing business, whether or not an adult related business, to any adult related business as defined in this section;

3.

The relocation of any adult related business; or

4.

The addition of any of the "adult related businesses" defined in this section to any other existing adult related business.

I.

"Exceptions." An "adult related business" shall not include:

A.

Bona fide medical establishments operated by properly licensed and registered medical and psychological personnel with necessary medical or professional credentials for the treatment of patients; or

B.

Persons depicting "specified anatomical areas" in a modeling class operated:

1.

By a college, junior college, or university supported entirely or partially by public revenue;

2.

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partially by public revenue; or

3.

In a structure operated either as a profit or not-for-profit facility which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing, and where, in order to participate in a class a student must enroll at least three days in advance of the class.

J.

"Figure modeling" or "modeling studio" means any business featuring a live person displaying "specified sexual activities," "specified anatomical areas" or men and/or women in a "state of nudity" or "state of partial nudity," as defined in this section, for compensation, whether monetary or any other form of consideration and for the purpose of being observed, sketched, photographed, painted, sculpted, or otherwise depicted. "Figure modeling" or a "modeling studio" does not include an artist studio or similar facility owned, operated or maintained by an individual artist or group of artists which is not open to the public and does not provide, permit or make available for viewing "specified sexual activities" on the premises.

K.

"Nudity" or "state of nudity" means the showing of the human male or female genitals, pubic area or anus, with less than a fully opaque fabric covering, the showing of the female breast with less than a fully opaque fabric covering of any part of the nipple and areola, or the showing of completely or opaquely covered (by fabric) male genitals in a discernibly turgid state.

L.

"Operate" means to own, lease (as lessor or lessee), rent (as landlord or tenant or as agent for the purpose of representing a principal in the management, rental or operation of the property of such principal), manage, conduct, or direct an adult related business.

M.

"Operator" means and includes the owner, custodian, manager or person in charge of any adult related business.

N.

"Partial nudity" means a state of dress in which clothing covers less than the genitals, pubic region, buttocks and nipple, areola and lower portion below the lowest point of the areola of the female breast. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, provided that the areola is not exposed in whole or in part.

O.

"Regularly features," "regularly shown," "regular basis" or "regularly" means a consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the business.

P.

"Religious institution" means any church, synagogue, mosque, temple, or building which is used primarily for religious worship, religious education incidental thereto and related religious activities. Religious institution as used herein, shall not include an office or other building owned or operated by a bona fide religious institution used for administrative or related purposes, and not primarily used for assembly or educational purposes.

Q.

"School" means any public or private educational facility primarily attended by minors, including large family day care homes, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, secondary schools, continuation schools, and special education schools, and includes school grounds.

R.

"Specified anatomical area" includes the following:

1.

Less than completely and opaquely covered human genitals, pubic region, anus, and/or the female nipple and breast below a point immediately above the top of the areola; and

2.

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

S.

"Specified sexual activity" includes the following:

1.

Actual or simulated sexual intercourse, oral copulation and intercourse oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, sodomy, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, sapphism;

2.

Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;

3.

Human or animal masturbation, sodomy, oral copulation, coitus, ejaculation;

4.

Fondling or touching of human genitals, pubic region, buttocks or female breast;

5.

Masochism, erotic or sexually oriented torture, beating or the infliction of pain;

6.

Erotic or lewd touching, lewd fondling or other lewd contact with an animal by a human being; or

7.

Human excretion, urination, menstruation, vaginal or anal irrigations.

T.

"Zoning district" means the zoning designation on the city zoning map or the corresponding designation on the general plan land use map.

(Ord. No. 946, § 3, 4-14-2009)

A.

Adult related businesses are permitted in any zone except for residential, public or quasi-public zones, and provided that the business complies with all other locational regulations of this section. No adult related business shall be located, established nor operated:

1.

Within one thousand feet of any area zoned or used for residential purposes whether in the city, in an adjoining city or unincorporated area.

2.

Within one thousand feet of any site used for assembly purposes by a religious organization.

3.

Within one thousand feet of any public or private school site (developed or designated). For the purposes of this subsection, "designated" means a parcel that is general plan designated, zoned, or that has been conditionally permitted to conduct such use.

4.

Within one thousand feet of any other existing adult related business.

5.

Within one thousand feet of any public park, or recreational area, or property zoned, planned or otherwise designated for such use by the city, including but not limited to park, playground, nature trails, swimming pool, athletic field or facility, or other similar public land within the city which is under the control, operation, or management of the city.

6.

Within one thousand feet of any privately owed recreational facility that occupies a building that is fifty thousand square feet or larger.

7.

Distances required by these subsections (A)(1) through (A)(5) shall be measured from parcel line to parcel line.

B.

In addition to the locational restrictions set forth in subsection A. above, no part of the premises of an adult related business, including building, parking lot, landscaping, or signage shall be located and operated:

1.

Within one thousand feet of the right of way line of State Route 65; or

2.

Within five hundred feet of the right of way line of Granite Drive or on any parcel that has its primary access off of Granite Drive.

E.

Adult related businesses shall not be located in any temporary or portable structures.

(Ord. No. 946, § 3, 4-14-2009)

A.

Any property owner or his authorized agent may apply for a waiver of any location provisions as set forth in Section 17.79.030. The council, after receipt of the planning commission's recommendation and a hearing, may waive any locational provision, if the following findings are made:

1.

That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this chapter will be observed;

2.

That the proposed use will not enlarge or encourage the development of a skidrow area or area of intense blight;

3.

That the establishment of a regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal;

4.

That all applicable regulations of this code will be observed.

B.

The procedure for this hearing shall be the same as that provided for in Chapter 17.70 of this code for the issuance of conditional use permits, including the same notice requirement, and the same fees payable by the applicant.

(Ord. No. 946, § 3, 4-14-2009)

In addition to the development standards in the underlying zoning district and in addition to other provisions of this code, the following development and operational standards apply to adult related businesses.

A.

Signs. Signs, advertisements, displays, or other promotional materials showing "specific sexual activities" or men or women in a state of nudity or partial nudity or displaying specified anatomical areas shall not be shown or exhibited so as to be discernible by the public beyond the walls of the building or portion thereof in which the adult related business is conducted.

B.

Noise. No loudspeakers or sound equipment shall be used by an adult related business for amplification of sound to a level discernible by the public beyond the walls of the building or portion thereof in which the adult related business is conducted.

C.

Exterior Lighting. All exterior areas, including off-street parking areas and premise entries, of the adult related business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on parking surfaces and walkways. The lighting shall be maintained and evenly distributed at ground level with appropriate devices to screen, deflect or diffuse the lighting in such a manner as to prevent glare or reflected light from creating adverse impacts on adjoining and nearby public and private properties. Inoperable and/or broken lights shall be replaced within seventy-two hours.

D.

Trash and Trash Enclosures.

(1)

Trash dumpsters shall be enclosed by a screening enclosure and locked at all times so as not to be accessible to the public.

(2)

At least four times a day, the front and rear exteriors of any adult related business, along with the parking lot, shall be inspected for trash and debris and any trash and debris found shall be immediately removed and placed into a single locked trash bin lined with a plastic bag.

E.

Posting Age Restrictions. The building entrance to the adult related business shall be clearly and legibly posted with a notice indicating that persons under the age of eighteen are precluded from entering the premises.

F.

Manager Stations. All indoor areas of the adult related business providing "live adult entertainment" within which patrons are permitted, except restrooms, shall be open to view within a direct line of sight at all times by the management from a designated manager station. Manager stations shall not exceed thirty-two square feet in area. Manager stations may include video monitoring of the adult related business, but all areas of the business must be visible by a direct line of sight as described in this subsection.

G.

Individual Viewing Areas.

(A)

"Individual viewing area" shall mean a viewing room in which visual displays of "specified anatomical areas" and "specified sexual activities" are regularly shown and which is less than one hundred square feet in area.

(B)

No individual viewing area shall be occupied by more than one individual at a time.

(C)

Each individual viewing area within the adult related business shall be visible from a continuous and accessible main aisle in a public portion of the establishment, and shall not be obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing the entire interior of the individual viewing area from the main aisle. A manager shall be stationed in the main aisle at all times. Further, no one shall maintain any individual viewing area in any configuration unless the entire interior wherein the picture or entertainment that is viewed is visible from one main aisle. The entire body of any patron in any individual viewing area must be visible from the main aisle without the assistance of mirrors or any other device.

(D)

No doors are permitted on an individual viewing area. No partially or fully enclosed individual viewing areas or partially or fully concealed individual viewing area shall be maintained.

(E)

No holes or other opening shall be permitted between individual viewing areas. Any such hole or opening shall be repaired within twenty-four hours using "pop" rivets to secure metal plates over the hole or opening to prevent patrons from removing the metal plates.

(F)

No beds, futons, or sofas shall be permitted in individual viewing area.

(Ord. No. 946, § 3, 4-14-2009)

Consistent with Sections 17.54.010, 17.54.020, 17.56.010, and 17.56.020 of the Rocklin Municipal Code which do no permit establishments which serve alcohol in M-1 (Light Industrial) and M-2 (Heavy Industrial) zones, adult related businesses located in M-1 (Light Industrial) and M-2 (Heavy Industrial) zones are prohibited from serving or offering alcoholic beverages for sale.

(Ord. No. 946, § 3, 4-14-2009)

It shall be unlawful to establish or operate an adult related business in violation of this chapter. It shall be unlawful for any owner, manager, patron or employee to violate any provision of this chapter. Any person who violates any provision of this section shall be guilty of a misdemeanor and punishable as follows:

A.

Any violation of this chapter shall be punishable as a misdemeanor, which upon conviction shall be punishable by a fine not to exceed one thousand dollars or by imprisonment in the county jail for not more than six months or by both such fine and imprisonment.

B.

Any person who violates any provision of this chapter shall be guilty of a separate offense for each and every day that any such person commits, continues, permits, or causes a violation thereof, and shall be punished accordingly.

C.

Notwithstanding anything to the contrary, for the purposes of this chapter, an act by an employee shall be imputed to the adult related business for purposes of finding a violation of this chapter only if an officer, director, or general partner, or a person who managed, supervised, or controlled the operation of the business premises knowingly, or through negligent supervision of the employee, allowed such act to occur on the premises.

D.

Nothing in this section shall be deemed or constituted to prevent the city from commencing any civil proceeding otherwise authorized by law for the declaration and/or abatement of a public nuisance.

(Ord. No. 946, § 3, 4-14-2009)

If any section, subsection, paragraph, sentence, clause, or phrase of this chapter and the ordinance to which it is a part, or any part thereof is held for any reason to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, the remaining sections, subsections, paragraphs, sentences, clauses, and phrases shall not be affected thereby. The city council hereby declares that it would have adopted this chapter and the ordinance to which it is a part regardless of the fact that one or more sections, subsections, paragraphs, sentences, clauses, or phrases may be determined to be unconstitutional, invalid, or ineffective.

(Ord. No. 946, § 3, 4-14-2009)