A. Purpose. This section provides standards for the location, development, and operation of adult entertainment businesses.
B. Definitions. The following terms are defined for the purposes of this section and are organized in alphabetical order.
Adult Arcade. An establishment where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
Adult Book/Video Store. An establishment which has as a substantial or significant portion (25 percent or more of gross floor area) of its stock-in-trade and offers for sale for any form of consideration any one or more of the following:
1. Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or
2. Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
Adult Cabaret. Nightclub, restaurant, or similar establishment which regularly features live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
Adult Motel. A motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
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 in which a substantial portion (25 percent or more) of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
Adult Theater. A theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
Establishment of an Adult Entertainment Business. Includes any of the following:
1. The opening or commencement of any adult entertainment business as a new business;
2. The conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined herein;
3. The addition of any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or
4. The relocation of any adult entertainment business.
Massage Parlor. Any business 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.
Removal of Clothing. Striptease, or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models appearing in lingerie, to the point where specified anatomical areas are exposed.
Sexual Encounter Establishment. An establishment, other than a hotel, motel, or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may associate, congregate, or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychiatrist, psychologist, or similar professional person licensed by the State engages in sexual therapy.
Specified Anatomical Areas. Less than completely and opaquely covered human genitals, pubic regions, anal regions, buttocks, female breasts below a point immediately above the top of the areola; or human male genitals in a discernible turgid state, even if completely and opaquely covered.
Specified Sexual Activities. Includes any of the following:
1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
2. All sex acts, actual or simulated;
3. Masturbation, actual or simulated; or
4. Excretory functions alone or as part of or in connection with any of the activities described in items 1 through 3 above.
C. Standards. Adult entertainment businesses shall be located, developed, and operated in compliance with the following standards.
1. Employees Required. It shall be the duty of the owners to ensure that at least one employee is on duty at all times that any patron is present inside the premises.
2. Hours of Operation. The adult entertainment business shall not operate or be open between the hours of 2:00 a.m. and 7:00 a.m.
3. Lighting. The entire exterior ground, including the parking lot, shall be provided with lighting which is energy efficient, stationary and directed away from adjacent properties and public rights-of-way, in compliance with Section 19.60.050 (Exterior lighting).
4. Live Entertainment. The following standards shall pertain to adult entertainment businesses that provide live entertainment depicting specified anatomical areas or involving specified sexual activities:
a. No person shall perform live entertainment for patrons of an adult entertainment business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least 6 feet from the nearest area occupied by patrons, and no patron shall be allowed within 6 feet of the stage while the stage is occupied by an entertainer;
b. The adult entertainment business shall provide separate dressing room facilities and entrances/exits to the premises which are exclusively dedicated to the entertainers' use; and
c. The adult entertainment business shall provide permanent access for entertainers between the stage and the dressing room facilities which is completely separated from the patrons. If the separate access is not physically feasible, the adult entertainment business shall provide a minimum 3-foot-wide walk aisle for entertainers between the dressing room facilities and the stage, with a permanent railing, fence or other barrier separating the patrons and the entertainers to prevent any physical contact between patrons and entertainers. Fixed rail(s) at least 30 inches in height shall be installed and permanently maintained establishing the required separations between the entertainers and patrons.
5. Permanent Barriers. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the adult entertainment business.
6. Separation/Measurement. It is unlawful to cause or allow the establishment of an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, or sexual encounter establishment within:
a. 1,000 feet of another similar business;
b. 1,000 feet of any religious institution, school, or public park; or
c. 300 feet of any property designated for residential use or used for residential purposes.
The distance between any two adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult entertainment business and any property designated for residential use or used for residential, religious institution, school, or public park purposes shall be measured in a straight line, without regard to intervening structures, from the closest property line of the adult entertainment business to the closest property line of the property designated for residential use or used for residential, religious institution, school, or public park purposes.
7. Signs. All on-site signs shall be in compliance with Chapter 19.74 (Signs).
8. Viewing Area.
a. It is unlawful to maintain, operate, or manage or allow to be maintained, operated, or managed any adult arcade in which the viewing areas are not visible from a continuous main aisle or are obscured by a curtain, door, wall, or other enclosure. For purposes of this section, "viewing area" means the area where a patron or customer would ordinarily be positioned while watching the film, performance, picture, or show.
b. It is unlawful for more than one person at a time to occupy any individually partitioned viewing area or booth.
c. It is unlawful to create, maintain, or allow to be maintained any holes or other openings between any two booths or individual viewing areas for the purpose of providing viewing or physical access between the booth or individual viewing area.
D. Minors and Intoxicated Persons Excluded. It shall be a misdemeanor for any person under the age of 18 years or an obviously intoxicated person to enter or remain on the premises of an adult entertainment business at any time. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the adult entertainment business.
(Ord. 2185; Ord. 2223)