The purpose of this chapter is to properly regulate sexually oriented businesses in order to promote the health, safety, and moral and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the City. Specifically, the purposes of this chapter are as follows:

A.

Establish reasonable and uniform regulations to protect commercially zoned property against the secondary impacts of blight, deterioration, and devaluation that may accompany the location and operation of adult entertainment establishments.

B.

Regulate the concentration of adult establishments and their proximity to sensitive specified uses.

C.

Protect the content of speech and expression conveyed by the goods or services offered by adult entertainment establishments by appropriately regulating the time, place, and manner of such conveyed speech and expression.

D.

Provide reasonable alternative avenues for communication by designating certain areas of the City within which adult entertainment establishments may be located.

It is not the purpose of this chapter to any of the following:

A.

Impose a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials.

B.

Deny adults access to sexually oriented materials or entertainment protected by the First Amendment or deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.

C.

Condone or legitimize the distribution of obscene material.

The provisions of this chapter shall apply to the ownership, establishment, construction, modification, operation, enlargement, conversion, or transfer of ownership of any adult entertainment establishment land use identified and defined in Section 20.405.070 (Definitions) of this chapter.

The provisions of this chapter shall not be applicable to the following land uses:

•

Movie theaters

•

Bookstores

•

Massage establishments

Adult entertainment establishments shall be permitted in the Commercial (C) Zone subject to a CUP to properly review all location requirements of Section 20.405.040 (Location Requirements) and provide the public with adequate noticing and public hearing opportunities.

A.

Measurements. The required minimum distance between two (2) adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each such business.

Adult entertainment establishments shall be permitted in only the Commercial (C) Zone and shall be subject to the following conditions:

A.

Other Adult Establishments. No adult entertainment establishment shall be established within 1,000 feet of an existing adult entertainment establishment.

B.

Special Land Uses. No adult entertainment establishment shall be established closer than the following proximities to special identified land uses:

1.

Within seven hundred fifty (750) feet of any residentially Zoned (A-1, A-2, A-3, R-1-20, R-1-10, R-1-7.5, R-2, R-3-6, R-3-10) or mixed use SPA parcel.

2.

Within one thousand (1,000) feet of the property line of any parcel with any of the following established land uses:

C.

Shopping Centers. Adult entertainment establishments shall be located within commercial shopping centers that:

1.

Have a minimum total gross floor area of 350,000 square feet within a combined area of business enterprises that are identified as part of a common commercial center, or specific plan developed as a shopping center (that excludes San Marcos Creek SPAs and University District SPAs).

2.

Possess commercial land use controls, in the form of common leases, common area maintenance agreements for landscaping and parking areas, reciprocal easement agreements for ingress, egress and parking of vehicles, recorded declarations of covenants, conditions and restrictions defining the responsibility of landlord and tenant concerning the standards for the operation and maintenance of the center, or similar rules and regulations intended to preserve the integrity of such a center.

No person shall operate an adult entertainment establishment, whether licensed or not licensed under the requirements of this Code, unless each and all of the following requirements are met:

A.

Entrance Sign. An entrance sign shall be placed at or near the entrance of not more than two hundred twenty-five (225) square inches upon which is written: "WARNING: This is an adult entertainment business. If you would be offended, do not enter." Such sign shall be illuminated to an intensity of not less than ten (10) foot candles, and shall be clearly visible to any person entering the establishment before such person enters the area where entertainment is conducted.

B.

Minimum Lighting. A light level of no less than three (3) foot candles at floor level shall be maintained in every portion of said establishment to which the public is admitted.

C.

Lighted Exit Signs. An internally illuminated exit sign with letters at least five (5) inches in height shall be maintained over every doorway that provides egress from any room in which a peep show device is located.

D.

Exterior Windows and Doors. All exterior windows and doors shall be opaque so as to prevent visibility at all times from outside the structure into the interior of an adult entertainment establishment.

E.

Toilet and Wash Basin. A minimum of one (1) toilet and wash basin shall be provided for the patrons in every adult entertainment establishment. Additional toilets or wash basins may be required by other applicable regulations. Each wash basin shall be provided with soap or detergent and sanitary towels placed in permanently installed dispensers. A trash receptacle shall be provided in each toilet room.

F.

Floors and Walls. In toilet rooms, a waterproof floor covering shall be provided that extends up the walls at least six (6) inches and shall be covered at the floor/wall juncture with at least a three-eighths (3/8)-inch radius. Wall of toilet rooms shall be smooth, waterproof, and kept in good repair.

G.

Holes. It shall be the responsibility of the owner and the operator of an adult entertainment establishment to inspect the premises each business day for wall holes, or any other structural holes, which may be used for the purpose of sexual activity. Upon discovery, such holes shall be immediately brought into good repair.

H.

Sanitary Condition. All walls, ceilings, floors, booths, and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Toilet rooms shall be thoroughly cleaned at least once each day the business is in operation.

I.

Vermin. All adult entertainment establishments shall be so equipped, maintained, and operated as to effectively control the entrance, harborage, and breeding of vermin, including flies. When flies or other vermin are present, effective control measures shall be instituted for their control or elimination.

All private viewing rooms, as defined in Section 20.405.070 (Definitions) of this Section shall comply with all of the following requirements:

A.

Private Viewing Room. The following peep show booth terms as used within this section:

B.

Entrance Location. No person shall operate a private viewing room unless the entrance to the private viewing room abuts a primary corridor that serves all adjoining private viewing room. The primary corridor shall be in compliance with the standards found in Subsection C of this section. The entrance to a private viewing room shall be centered within the wall abutting the primary corridor. No person shall operate a private viewing room in which the entrance to the private viewing room abuts a secondary corridor.

C.

Minimum Corridor Width. No person shall operate a private viewing room in which the width of any adjacent corridor is less than forty-four (44) inches. A nonconforming private viewing room with an adjacent corridor measuring at least forty-two (42) inches in width on June 18, 1993, may remain nonconforming as to the width of the corridor unless and until the room is remodeled or rebuilt or new rooms are constructed.

D.

Minimum Doorways and Entrances.

1.

No person shall operate a private viewing room unless there are no fewer than two (2) doorways of a width no less than thirty-six (36) inches that provide ingress or egress from any room in which a private viewing room is located, provided, however, that one (1) doorway shall be sufficient in the event the Director should so determine.

2.

No person shall operate a private viewing room in which the height and width of any entrance to the room is less than eighty (80) inches and thirty-six (36) inches, respectively. A nonconforming private viewing room with an entrance measuring at least seventy-eight (78) inches in height and thirty-four (34) inches in width on the effective date of this Zoning Ordinance may remain nonconforming as to the width of such entrance or entrances unless and until the private viewing room is remodeled or rebuilt or new private viewing rooms are constructed. No door, curtain, or obstruction of any kind shall be installed within the entrance to a private viewing room.

E.

Fire Standards. No person shall operate a private viewing room unless any wall or partition that is situated so as to create a room, enclosure, or booth in which any private viewing device is located is constructed in compliance with all City and state building and fire codes.

F.

Access. No person shall operate an adult entertainment establishment providing private viewing rooms unless a level of handicapped access is provided to the private viewing rooms in compliance with the requirements of City, state, and federal law.

G.

Minimum Size, Required Sign, Device Location, Occupant Load, and Enforcement.

1.

No persons shall operate a private viewing room unless the interior of the viewing area of each private viewing room is a minimum of twenty-four (24) square feet in floor area, with a minimum width of four (4) feet.

2.

A sign shall be maintained in a conspicuous location in each private viewing room that reads as follows: "This room is subject to inspection at any time. Patrons have no expectation of privacy while watching private viewing devices." All such signs shall be at least six (6) by eight (8) inches in size and printed with dark ink upon a light contrasting background with letters at least one-quarter (1/4)-inch in height.

3.

A private viewing device shall be located against the wall opposite the entrance door with the viewing screen of the private viewing device facing the wall within which the entrance door is located.

4.

Only one (1) customer or patron may be present in a private viewing room at any one (1) time. A sign shall be placed above the entrance to each private viewing room that reads as follows: "Only one (1) person may be present in a private viewing room at any one (1) time." All such signs shall be at least six (6) by eight (8) inches in size and printed with dark ink upon a light contrasting background with letters at least one quarter (1/4)-inch in height.

5.

The maximum occupant load of private viewing rooms shall be one (1) person per room. The maximum occupant load of retail sales areas shall be one (1) person per thirty (30) square feet. The maximum occupant load of other areas shall be as determined by the Director.

6.

It shall be the responsibility of the owner and the operator of an adult entertainment establishment to enforce the provisions of this chapter. It shall be unlawful to maintain a private viewing room in violation of this chapter.

H.

Maximum Number of Private Viewing Devices. No person shall operate an adult entertainment establishment in which the number of private viewing devices exceeds the maximum occupancy load permitted in any room or partitioned portion of a room in which a private viewing device is located. The maximum number of private viewing devices permitted in any room or partitioned portion of a room in an adult entertainment establishment shall be conspicuously posted, and shall remain posted, at the entrance to said room. All such signs shall be at least six (6) by eight (8) inches in size and printed with dark ink upon a light contrasting background with letters at least one-quarter (1/4)-inch in height.

I.

Visibility. No person shall operate a private viewing room unless the complete viewing area of each room is visible from the entrance to the private viewing room.

J.

Management. No person shall operate a private viewing room unless a manager is on duty to ensure its lawful operation and is located at a manager's station that has an unobstructed view of the entrance to a private viewing room. The view must be by direct line of sight from the manager's station.

The following definition shall be applicable to this chapter:

1.

Adult Bookstore. An establishment that devotes more than five percent (5%) of its gross floor area to the display of any or all of the following:

a.

Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records, or other forms of visual or audio representations that are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

b.

Instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities."

"Adult bookstore" does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock-in-trade and does not devote more than fifteen percent (15%) or one hundred (100) square feet, whichever is less, of its total floor area to the sale of books and periodicals.

2.

Adult Cabaret. A night club, bar, restaurant, or similar establishment that regularly features live performances, exhibits, and/or demonstrations that are distinguished or characterized by an emphasis on "specified sexual activities" or by exposure of "specified anatomical areas" and/or that regularly features films, motion pictures, video cassettes, slides, or similar photographic reproductions that are distinguished or characterized by an emphasis on the description or depiction of "specified sexual activities" or "specified anatomical areas."

3.

Adult Computer Software Establishment. Any establishment that, for any form or consideration, offers to the public for viewing, sale, or rental of computer software, computer program, digitized image, computer animation, or any other message or image that is transmitted or displayed using a computer and that is distinguished or characterized by "specified sexual activities" or display of "specified anatomical areas." This definition is not intended to apply to bookstores, computer software stores, or computer stores that devote less than five percent (5%) of its gross floor area to the display or offering of the materials described in this definition.

4.

Adult Entertainment Establishment. Any establishment that is distinguished or characterized by "specified sexual activities" or display of "specified anatomical areas."

5.

Adult Model Studio. Any establishment open to the public where, for any form of consideration or gratuity, figure models who display "specified anatomical areas" are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons, other than the proprietor, paying such consideration or gratuity. This definition shall not apply to any school of art that is operated by an individual, firm, association, partnership, corporation, or institution that meets the requirements established in the Education Code of the State of California for the issuance or conferring of, and is in fact authorized thereunder to issue and confer a diploma.

6.

Adult Motel. A motel or similar establishment offering public accommodations for any form of consideration that provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas."

7.

Adult Motion Picture Arcade (Peep Show). Any place to which the public is permitted or invited where coin 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 that are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas."

8.

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 that devotes more than ten percent (10%) of its total presentation time, measured on a daily, weekly, monthly, or annual basis, to the presentation of films, motion pictures, video cassettes, slides, or similar photographic reproductions that are distinguished or characterized by an emphasis on the description or depiction of "specified sexual activities" or "specified anatomical areas."

9.

Adult Theater. A theater, concert hall, auditorium, or similar establishment, either indoor or outdoor, that, for any form of consideration, regularly features live performances that are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas."

10.

Adult Video Games. Coin-operated or other electronic game machines having visual displays and animation that depict, in any manner, any sort of activity characterized by exposure of "specified anatomical areas" or "specified sexual activities."

11.

Body Painting Studio. Any establishment or business that provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the human body when such body is wholly or partially nude in terms of "specified anatomical areas."

12.

Bookstore. Any retail establishment devoted in whole or in part to the selling, buying, or trading of new and/or used books which does not devote more than five percent (5%) of its gross floor area to the selling, displaying or storing of trade books, films, magazines and other periodicals or materials which are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas".

13.

Motion Picture Theater. A building or part of a building intended to be used for the specified purposes of presenting entertainment as defined herein, or displaying films, motion pictures, video cassettes, slides, closed-circuit television pictures, or similar photographic reproductions before an individual or assemblage of persons, whether such assemblage be of a public, restricted, or private nature, except a home or private dwelling where no fee, by way of an admission charge, is charged; provided, however, that said theater does not devote more than ten percent (10%) of its presentation time measured on a daily, weekly, monthly, or annual basis, for the presentation of films, motion pictures, video cassettes, slides, or similar photographic reproductions that are distinguished or characterized by an emphasis on the description or depiction of "specified sexual activities" or "specified anatomical areas" as defined herein.

14.

Outcall Service Activity. Any establishment or business that provides an outcall service that consists of individuals leaving the premises upon request or appointment to visit other premises for a period of time for the purpose of providing a service such as appliance repair or other service during which time "specified anatomical areas" are displayed and/or "specified sexual activities" are engaged in.

15.

Private Viewing Room. An area separated from the sales or display area of the establishment by a curtain, wall, door, shade, or similar obstruction, thus allowing the private viewing of prerecorded video tapes, movies, transparencies, films, or projectable motion pictures by customers at the establishment.

16.

Specified Anatomical Areas. Includes less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

17.

Sexual Encounter Establishment. An establishment, other than a hotel, motel, or similar establishment offering public accommodations, that, for any form of consideration or gratuity, provides a place where two (2) or more persons may congregate, assemble, or associate for the purpose of engaging in "specified sexual activities" or exposing "specified anatomical areas." This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State of California engages in sexual therapy or a massage technician meeting all criteria of Chapter 5.44 of this Code. For purposes of this section, "sexual encounter establishment" shall exclude Massage Establishments.

(Ord. No. 2017-1443, 6-13-2017)

18.

Specified Sexual Activities. Means and includes any of the following:

a.

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

b.

Sex acts, normal or perverted, actual or simulated;

c.

Masturbation, actual or simulated;

d.

Excretory functions as part of or in connection with any of the activities set forth in this subsection.