(a) An Adult-Oriented Business shall not be established or located within one thousand feet (1,000') of:
(1) Any County or City zone or land use district which contains the words "Residence," "Residential," “Ranches,” “Mobile Home” or "Desert Living" within its title;
(2) Any residential use;
(3) Any church, chapel, or similar place of worship, or property zoned, planned, or otherwise designated for such use by City action;
(4) Any funeral parlor, mortuary, cemetery, or similar facility, or property zoned, planned, or otherwise designated for such use by City action;
(5) Any school, nursery school, day care center, park, or public or private playground, or property zoned, planned, or otherwise designated for such use by City action; or
(6) Any other recreational facility where minors congregate, or property zoned, planned, or otherwise designated for such use by City action.
(b) An Adult-Oriented Business shall not be established or located within one thousand feet (1,000') of an existing Adult-Oriented Business. If two (2) or more existing Adult-Oriented Businesses are located in closer proximity to each other than one thousand feet (1,000'), then in determining which of the businesses is or are nonconforming, preference shall be given in the order of the respective lengths of continuous uninterrupted operation of the businesses.
(c) For the purposes of this Section, all distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the building, or structure in which the Adult-Oriented Business is or will be located to the nearest property line of any land use, land use district, or zone described in subsection (a) above, or to the nearest point of the building or structure in which an existing Adult-Oriented Business described in subsection (b) above is located.
(d) No advertising sign or structure, advertisement, display, or other promotional material depicting "specified anatomical areas" or "specified sexual activities" or displaying instruments, devices, or paraphernalia designed for use in connection with "specific sexual activities," shall be shown or exhibited so as to be visible from any exterior area.
(e) All building openings, entries, and windows shall be located, covered, or screened to prevent viewing the interior from any exterior area.
(f) No loudspeaker or sound equipment audible to persons in any public exterior area shall be used in connection with an Adult-Oriented Business, and the business shall be so conducted that sounds associated with the business are not emitted into any public exterior area.
(g) The establishment of an Adult-Oriented Business shall comply with the applicable site development standards, including parking,of the zone, district, or area in which the Adult-Oriented Business is located, the Building Code, Fire Code, and the Health and Safety Code of the City of Adelanto. An Adult-Oriented Business shall comply with the applicable City of Adelanto permit and inspection procedures. In addition, Adult-Oriented Businesses shall comply with the following performance standards:
(1) Each Adult-Oriented Business shall have a business entrance separate from any other non-adult business located in the same building.
(2) No Adult-Oriented Business shall be operated in any manner that permits the observation by the public of any material depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" from any public way or from any location beyond the walls of the building or portion thereof in which the Adult-Oriented Business is conducted.
(3) The building entrance to the Adult-Oriented Business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises.
(4) Each Adult-Oriented Business shall be provided with a manager's station for the purpose of supervising activities within the business. A manager shall be on duty on the premises during all times that the Adult-Oriented Business is open to the public.
(5) Any viewing room shall be visible from the manager's station of the Adult-Oriented Business, and visibility of the entire viewing room from the manager's station shall be neither obscured nor obstructed by any curtain, door, wall, or other structure.
(6) All exterior areas of Adult-Oriented Businesses, including buildings, landscaping, and parking areas, shall be maintained in a clean and orderly manner free of trash, weeds, and debris.
(7) The maximum occupancy load, fire exits, fire lanes, and fire suppression equipment shall be regulated, designed, and provided in accordance with the regulations and standards of the Adelanto Fire Department and the City's Building Department.
(8) No Adult-Oriented Business shall operate between the hours of 2:00 a.m. and 9:00 a.m. of any particular day. The Planning Commission, or City Council on appeal, shall establish the actual permitted hours of operation for each permit approved or granted. No owner, operator, manager, or employee of an Adult-Oriented Business, regardless of whether or not a permit has been issued for said business under the provisions of this Zoning Code, shall allow such business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of 2:00 a.m. and 9:00 a.m. of any particular day or in violation of the actual permitted hours of operation established in the Conditions of Approval for the permit.
(9) Any person who operates or causes to be operated an Adult-Oriented Business, other than an Adult Motel and regardless of whether or not an Adult-Oriented Business License has been issued to said business under this Zoning Code, which exhibits on the premises in a viewing room or viewing booth of less than one hundred fifty (150) square feet of floor space, a film, video cassette, or other video reproduction which depicts "specified sexual activities" or "specified anatomical areas," shall comply with the following requirements:
A. Upon application for an Adult-Oriented Business License, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, the location of all overhead lighting fixtures, and designating any portion of the premises in which patrons shall not be permitted. A manager's station(s) shall not exceed thirty-two (32) square feet of floor area.
B. No alteration in the configuration or location of a manager's station shall be made without the prior written approval of the Planning Director.
C. It is the duty of the licensee to insure that at least one (1) employee is on duty and situated at each manager's station at all times that any patron is present inside the premises.
D. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms shall not contain video reproduction equipment. If the premises has two (2) or more manager's stations designed, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one (1) of the manager's stations. The view required in this subsection shall be by direct line of sight from the manager's station.
E. It shall be the duty of the licensee and any employees present on the premises to insure that the view area remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times and to insure that no patron is permitted access to any area of the premises which has been designed as an area in which patrons shall not be permitted in the application filed pursuant to this Chapter.
(10) An on-site security program shall be prepared and implemented including the following items:
A. All off-street parking areas and building entries serving the Adult-Oriented Business shall be illuminated during all hours of operation with a lighting system designed to provide an average maintained horizontal illumination of one (1) foot candle of light on the parking surface and/or walkway. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the Adult-Oriented Business for the personal safety of patrons and employees and to reduce the incidence of vandalism and theft. The lighting shall be shown on the required site or plot plan and shall be subject to review for compliance through the Design Review process by the Planning Director and the designated head of the entity providing law enforcement services to the City.
B. All interior portions of the Adult-Oriented Business, except those areas devoted to mini-motion or motion pictures, shall be illuminated during all hours of operation with a lighting system designed to provide a minimum maintained horizontal illumination of not less than two (2) footcandles of light.
C. For Adult-Oriented Businesses which exceed an occupant load of one hundred twenty-five (125) persons, the provision of on-site security personnel shall be required during all business hours pursuant to a plan to be reviewed and approved for adequacy by the designated head of the law enforcement entity providing law enforcement services to the City. Security personnel shall be licensed in accordance with the California Business and Professions Code, to the satisfaction of the designated head of the entity providing law enforcement services to the City.
(11) Adult Motion Picture Theater
A. A manager's station shall be located near the main entrance and the station shall be provided with an unobstructed view of all motion picture private viewing areas.
B. No adult motion picture arcade shall be maintained or operated unless the complete interior of the adult motion picture theater is visible upon entrance to such adult motion picture theater. No partially or fully enclosed booths or partially or fully concealed booths shall be maintained.
C. Maximum Number of Devices. No person shall operate an adult motion picture theater in which the number of image producing devices exceeds the maximum occupancy load permitted in any room or partitioned portion of a room in which an image producing device is located.
(12) Adult Hotel/Motel
A. Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented or subrented and vacated two (2) or more times in a period of time that is less than ten (10) hours on a recurring basis, creates a rebuttable presumption that the establishment is an adult hotel/motel as that term is defined in this Zoning Code.
B. A person is in violation of the provisions of this Zoning Code if such person rents or sub-rents a sleeping room at a location without an Adult-Oriented Business License and a CUP-Adult-Oriented Business to a person or persons and within ten (10) hours thereafter rents or sub-rents the same room to another person(s), or sub-rents the same room to the prior renter.
(h) All persons on the premises of the establishment who are engaged in specified sexual activities or are exposing specified anatomical areas must be located upon a stage that is at least eighteen inches (18") above the immediate floor level and is at least six feet (6') from the nearest patron.
(i) Patrons of establishments are prohibited from directly or indirectly giving tips (money or anything else of value) to performers, owners, employees, or agents of an establishment, and said performers, owners, employees and agents are prohibited from directly or indirectly accepting from patrons of an establishment tips (money or anything else of value).
(j) Establishments, except adult theaters, shall be illuminated at a minimum of 1.00 foot-candle, maintained and evenly distributed at ground level, excluding only those areas shielded by tables or similar obstructions.