The city council finds that adult entertainment businesses are recognized in this community as objectionable because of their very nature; that concentrations of such businesses tend to have a deleterious effect on adjacent areas and neighborhoods; and that special regulation of such businesses is therefore necessary to prevent the blighting and downgrading of adjacent areas. The purpose of this chapter is to prevent clustering of adult entertainment businesses and to prevent their location near residential areas and uses.

(Ord. 82-4 §3 (part)).

As used in this title and chapter, the following terms have the following meanings:

A.

"Adult book store" means an establishment having as a substantial or significant portion of its stock in trade books, magazines or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment having an area or section devoted to the sale or display of such materials.

B.

"Adult entertainment business" means a business or establishment which offers services or entertainment to its patrons characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, including but not limited to any one or more of the businesses described in this section.

C.

"Adult hotel" or "adult motel" means a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

D.

"Adult mini motion picture theater" means an enclosed building with a capacity for less than fifty persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

E.

"Adult motion picture arcade" means any place to which the public is permitted or invited wherein 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 to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

F.

"Adult motion picture theater" means an enclosed building with a capacity of fifty or more persons used for presenting material distinguished or characterized by emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

G.

"Cabaret" means a nightclub, theater or other establishment which features live performances by topless dancers, bottomless dancers, "go-go" dancers, exotic dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

H.

"Massage parlor" means any establishment offering for any form of consideration or gratuity, massages, alcohol rubs, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation.

I.

"Model studio" means any business 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 paying such consideration or gratuity.

J.

"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.

K.

"Specified anatomical areas" means and includes the following:

1.

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

2.

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

L.

"Specified sexual activities" means any one or more of the following activities:

1.

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, use of excretory functions in the context of a sexual relationship, anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, or zooerasty; or

2.

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

3.

Use of human or animal masturbation, sodomy, oral copulation, ejaculation; or

4.

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

5.

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

6.

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

7.

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

(Ord. 82-4 §3 (part)).

The regulations contained in this chapter apply to all areas within the city where adult entertainment businesses are allowed under this title, either as principal permitted uses or as conditional uses.

(Ord. 82-4 §3 (part)).

A.

In any zone within the city where the adult entertainment businesses regulated by this chapter would otherwise be allowed as principal permitted or conditional uses, it is unlawful to establish any adult entertainment business if its location is:

1.

Within five hundred feet of any area zoned for residential use; or

2.

Within one thousand feet of any other adult entertainment business; or

3.

Within one thousand feet of any public or private school, park, playground, public building, church, any noncommercial establishment operated by a bona fide religious organization, or any establishment likely to be used or patronized by minors.

B.

As used in this section, the term "establish any adult entertainment business" shall include the opening of such a business as a new business, the relocation of such business, or the conversion of an existing business location to any adult entertainment business use.

(Ord. 82-4 §3 (part)).

A.

Any property owner or his authorized agent may apply to the planning commission for a waiver of any locational regulations contained in Section 17.68.040. After proper notice and public hearing, the planning commission may waive any such regulation only if all of the findings are made and are supported by clear and convincing evidence:

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 "skid row" area:

3.

That the establishment of an additional 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 or community redevelopment; and

4.

That all applicable regulations of this title will be observed.

B.

The procedure for hearing before the planning commission permitted under subsection A shall be the same as that provided in Chapter 17.74 of this title with, among other matters, the same notice requirements, the same right of appeal to the city council and the same fees payable by the applicant.

(Ord. 82-4 §3 (part)).