Willows City Zoning Code
CHAPTER 18
115 ADULT ENTERTAINMENT BUSINESS REGULATIONS
§ 18.115.010 Definitions.
(1)
"Adult entertainment businesses"
includes the following:
(a)
"Adult book store"
means an establishment having as a substantial or significant portion of its stock in trade books, magazines, and 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 with a segment or section devoted to the sale or display of such materials.
(b)
"Adult motion picture theater"
means an enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis or manner depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
(c)
"Adult mini motion picture theater"
means an enclosed building with a capacity for less than 50 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.
(d)
"Adult hotel or 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.
(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)
"Cabaret"
means a nightclub, theater, or other establishment which features live performances by topless and/or 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.
(g)
"Massage parlor"
means any place where for any form of consideration or gratuity massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as 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.
(h)
"Model studio"
means any business where for any form of consideration of 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.
(i)
"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.
(j)
Any business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
(2)
"Specified sexual activities"
includes the following:
(a)
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, or the use of excretory functions in the context of a sexual relationship.
(b)
Clearly depicted human genitals in a state of sexual stimulation, arousal, or tumescence.
(c)
Use of human or animal masturbation, sodomy, oral copulation, coitus, or ejaculation.
(d)
Fondling or touching of nude human genitals, pubic region, buttocks, or female breast.
(e)
Masochism, erotic or sexually oriented torture, beating, or the inflicting of pain.
(f)
Erotic or lewd touching, fondling, or other contact with an animal by a human being.
(g)
Human excretion, urination, menstruation, vaginal or anal irrigation.
(3)
"Specified anatomical areas"
includes the following:
(a)
Less than completely and opaquely covered:
(i)
Mature human genitals;
(ii)
Mature human buttocks;
(iii)
Mature human female breast below a point immediately above the top of the areola; and
(b)
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(Ord. 632-91 §§ 8.01 – 8.03, 10-22-1991)
§ 18.115.020 Regulation of location.
(1)
Adult businesses shall be allowed only in commercial zones.
(2)
In those land use zones where the adult entertainment business regulated by this title would otherwise be permitted uses, such business shall be permitted only upon the securing of a use permit. It shall be unlawful to establish any such adult entertainment business if the location is:
(a)
Within 500 feet of any area zoned for residential use; or
(b)
Within 1,000 feet of any other adult entertainment business; or
(c)
Within 1,000 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 by minors.
The "establishment" of 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. 632-91 § 8.04, 10-22-1991)
§ 18.115.030 Waiver of locational provisions.
Any property owner or his authorized agent may apply to the planning commission for a waiver of any locational provisions contained in this title. The planning commission, after a hearing, may waive any locational provision if all of the following findings are made:
(1)
The proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this title will be observed; and
(2)
The proposed use will not enlarge or encourage the development of a "skid row" area; and
(3)
The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation; and
(4)
All applicable regulations of the codes and ordinances of the county will be observed.
(Ord. 632-91 § 8.05, 10-22-1991)
§ 18.115.040 Violations.
Violation of the provisions of WMC § 18.115.020 is declared to be a public nuisance per se, which shall be abated by way of civil abatement procedures only and not by criminal prosecution.
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 of Willows ordinance or statute of the state of California regarding public nuisances, sexual conduct, lewdness, obscene or harmful matter, exhibition, or public display thereof.
(Ord. 632-91 § 8.06, 10-22-1991)
