(a)

It is the purpose and intent of this chapter to prevent community wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods 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 finds that it has been demonstrated, unless closely regulated, adult-oriented businesses tend to have judicially recognized adverse secondary effects on the community, including, but not limited to, increases in crime in the vicinity of adult businesses; decreases in property values in the vicinity of adult businesses; increases in vacancies in residential and commercial areas in the vicinity of adult businesses; interference with residential property owners' enjoyment of their properties when such properties are located in the vicinity of adult businesses as a result of increases in crime, litter, noise, and vandalism; and deterioration of neighborhoods. Special regulation of this use is necessary to prevent these adverse secondary effects and the blighting or degradation of the neighborhoods in the vicinity of adult businesses while at the same time protecting the First Amendment rights of those individuals who desire to own, operate or patronize adult businesses.

(b)

It is, therefor, 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.

(c)

It is not the intent of the city council of the city of Yreka, in enacting this chapter, or any provision thereof, to condone or legitimize the distribution of obscene material, and the city of Yreka recognizes that state law prohibits the distribution of the obscene materials and expects and encourages law enforcement officials to enforce state obscenity statutes against such illegal activities in the city of Yreka.

(d)

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 ordinance or any statute of the state of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter or the exhibition or public display thereof.

(e)

In prohibiting public nudity in adult-oriented businesses, the city council does not intend to proscribe the communication of erotic messages or any other communicative element or activity, but rather only to prohibit public nudity due to the secondary impacts associated with such public nudity.

(Ord. 791 §3(part), 2006).

In addition to any other definitions contained in the Municipal Code, the following words and phrases shall, for the purpose of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with the current provisions of the Municipal Code, these definitions shall prevail for the purposes of this chapter.

"Adult arcade" means a business establishment or concern to which the public is permitted or invited and where coin, card or slug operated or electronically, electrically or mechanically controlled devices, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas." Such devices shall be referred to as "adult arcade devices."

"Adult booth/individual viewing area" means a partitioned, enclosed or partially enclosed portion of an adult business used for any of the following purposes:

(1)

Where a live or taped performance is presented or viewed, where the performances and/or images displayed or presented are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas;"

(2)

Where "adult arcade devices" are located.

"Adult business" means:

(1)

A business establishment or concern that as a regular and substantial course of conduct operates as an adult retail store, adult motion picture theater, adult arcade, adult cabaret, adult hotel/motel, adult modeling studio; or

(2)

A business establishment or concern which as a regular and substantial course of conduct offers, sells or distributes "adult-oriented material" or "sexually oriented merchandise," or which offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" but not including those uses or activities which are preempted by state law.

"Adult business premises" means a property described in an adult business permit where an adult business is authorized to operate. The adult business premises shall include the building and/or unit where the adult business is authorized to operate but shall not include sidewalks, streets, other public rights-of-way, or adjacent property to any such place or location.

"Adult cabaret" means a business establishment or concern (whether or not serving alcoholic beverages) that features "adult live entertainment."

"Adult hotel/motel" means a "hotel" or "motel" (as defined in the Municipal Code) that is used for presenting on a regular and substantial basis images through closed circuit television, cable television, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices that are distinguished or characterized by the emphasis on matter depicting or describing or relating to "specified sexual activities" or "specified anatomical areas."

"Adult live 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: (1) the performer (including but not limited to a topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar performers) exposes to public view, without opaque covering, "specified anatomical areas;" and/or (2) the performance or physical human body activity depicts, describes, or relates to "specified sexual activities" whether or not the specified anatomical areas are covered.

"Adult modeling studio" means a business establishment or concern that provides for any form of consideration, the services of a live human model, who, for the purposes of sexual stimulation of patrons, displays "specified anatomical areas" to be observed, sketched, photographed, filmed, painted, sculpted, or otherwise depicted by persons paying for such consideration. "Adult modeling studio" does not include schools maintained pursuant to standards set by the Board of Education of the state of California.

"Adult motion picture theater" means a business establishment or concern, with or without a stage or proscenium, where, on a regular and substantial basis and for any form of consideration, material is presented through films, motion pictures, video cassettes, slides, laser disks, digital video disks, holograms, virtual reality devices, or similar electronically-generated reproductions, that is characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

"Adult retail store" means a business establishment or concern having as a regular and substantial portion of its stock in trade, "adult-oriented material."

"Adult-oriented material" means accessories, paraphernalia, books, magazines, laser disks, compact discs, digital video disks, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, holograms or electronically generated images or devices, including computer software, or any combination thereof that is distinguished or characterized by its emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." "Adult-oriented material" shall include "sexually oriented merchandise."

"Applicant" means a person who is required to file an application for an adult business permit under this chapter.

"Child day care facility" means any child day care facility as defined in Section 1596.750 of the California Health and Safety Code other than family day care homes.

"Historic district" or "area of historic preservation" means those areas which have been established for historic preservation in Title 17 of the Yreka Municipal Code as adopted by city of Yreka Ordinances Numbered 539 (part), adopted in 1977 and Numbered 480 (part), adopted in 1972, as may be from time to time amended.

"Permit" means an adult business permit or an adult business performer permit.

"Permittee" means a person in whose name a permit has been issued to operate either an adult business or work as an adult business performer.

"Public park" means any park, playground, swimming pool, reservoir, golf course or athletic field within the city which is under the city's control, operation and management.

"Religious institution" means a structure or facility that is used primarily for religious worship and related religious activities.

"Residential zone" means any area designated by Title 16 of the Yreka Municipal Code as an area for residential use.

"Reviewing departments" means the police department, fire department, planning department, building department or building official, city manager, and any other city department or division thereof with jurisdiction over the development or operation of an adult business, and any other local, state, or federal governmental agency with jurisdiction over the development or operation of an adult business.

"School" means any institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and/or which is maintained pursuant to standards set by the Board of Education of the state of California. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education under the jurisdiction of the California Department of Education. For the purposes of this chapter, "school" does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

"Sexually oriented merchandise" means sexually oriented implements, paraphernalia, or novelty items, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

"Specified anatomical areas" means and includes any of the following:

(1)

Less than completely and opaquely covered, and/or simulated to be reasonably anatomically correct, even if completely and opaquely covered:

(A)

Human genitals, pubic region,

(B)

Buttocks, anus, or

(C)

Female breasts below a point immediately above the top of the areola;

(2)

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

"Specified Criminal Act" means any unlawful lewd or indecent criminal act, including specifically, but not without limitation, any of the lewd or indecent criminal acts specified below:

(1)

Any of the offenses set forth in Sections 314, 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(d) of the California Penal Code as those sections now exist or may hereafter be amended or renumbered, or any offense requiring registration under California Penal Code Section 290.

(2)

The equivalent of the aforesaid offenses in other jurisdictions outside the state of California.

"Specified sexual activities" means and includes any of the following, irrespective of whether performed directly or indirectly through clothing or other covering:

(1)

Human genitals in a state of sexual stimulation or arousal;

(2)

Acts of human masturbation, sexual stimulation or arousal;

(3)

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

(4)

Masochism, erotic or sexually oriented torture, beating, or the infliction of pain, or bondage and/or restraints;

(5)

Human excretion, urination, menstruation, vaginal or anal irrigation; and/or

(6)

Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast.

(Ord. 791 §3(part), 2006).

As used herein, to "establish" an adult-oriented business shall mean and include any of the following:

(1)

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

(2)

The conversion of an existing business, to any adult-oriented business defined herein;

(3)

The addition of any of the adult-oriented businesses defined herein to any other existing adult-oriented business; or

(4)

The relocation of such adult-oriented business.

(Ord. 791 §3(part), 2006).

No adult-oriented business shall be established or located in any residential zone or historic district of the city of Yreka, or within certain distances of certain specified land uses or zones as set forth below:

(a)

No such business shall be established or located, or within one thousand feet of any other adult-oriented business.

(b)

No such business shall be established or located, or within one thousand feet of any residential zone or use, park, church, school or historic district.

(c)

The distances set forth above shall be measured as a radius from the primary entrance of the adult-oriented business to the property lines of the property so zoned or used without regard to intervening structures.

(Ord. 791 §3(part), 2006).

Any use of real property existing on the date the ordinance codified in this chapter become effective, which does not conform to the provisions 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 sixty days after the effective date of the ordinance codified in this chapter. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved by in accordance with the provisions of Section 16.47.060 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 16.47.040 of this chapter shall be terminated within one year of the date of annexation unless an extension of time has been approved by in accordance with the provisions of Section 16.47.060 of this chapter.

(Ord. 791 §3(part), 2006).

The owner or operator of a nonconforming use as described in Section 16.47.050 of this chapter may apply under the provisions of this section 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 16.47.040 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 at least ninety days but no more than one hundred eighty days prior to the time established in Section 16.47.050 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. If no fee has been set, said fee shall be that fee set by a resolution executed by the city manager, pursuant to Section 1.24.110 of the Yreka Municipal Code.

(c)

Hearing Procedure. The city council shall hear the application. The hearing shall be set within forty-five days of receipt of the application and shall be conducted in the same manner as set forth in Section 16.14.030 of the Yreka Municipal Code. The decision of the hearing officer shall be final and subject to judicial review pursuant to Code of Civil Procedure Section 1094.6. No adult-oriented business permit shall be issued for matters which are appealed until after the period allowed for appeal. In the event of an appeal, no such permit shall be granted until the matter has been finally approved.

(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 city council 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;

(2)

The applicant will be unable to recoup said 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 16.47.040 of this chapter.

(Ord. 791 §3(part), 2006).

Editor's note— Ord. No. 868, § 1, adopted June 7, 2022, repealed § 16.47.070, which pertained to conflicting laws and derived from Ord. 791, adopted 2006.

Editor's note— Ord. No. 868, § 1, adopted June 7, 2022, repealed § 16.47.080, which pertained to severability and derived from Ord. 791, adopted 2006.

Editor's note— Ord. No. 868, § 1, adopted June 7, 2022, repealed § 16.47.090, which pertained to environmental review and derived from Ord. 791, adopted 2006.

Editor's note— Ord. No. 868, § 1, adopted June 7, 2022, repealed § 16.47.100, which pertained to effective date and derived from Ord. 791, adopted 2006.

Editor's note— Ord. No. 868, § 1, adopted June 7, 2022, repealed § 16.47.110, which pertained to posting and publication and derived from Ord. 791, adopted 2006.

Editor's note— Ord. No. 868, § 1, adopted June 7, 2022, repealed § 16.47.120, which pertained to codification and derived from Ord. 791, adopted 2006.