(A) An adult business shall not be established or located within 500 feet of:
(1) Any residential zone, residential land use district, or conforming residential land use, including conforming mobilehome parks and trailer parks, within the city;
(2) Any church, chapel or similar place of worship or property zoned, planned or otherwise designated for such use by city action;
(3) Any funeral parlor, mortuary, cemetery or similar facility, or property zoned, planned or otherwise designated for such use by city action;
(4) Any school, nursery, day care center, park or playground or property zoned, planned or otherwise designated for such use by city action; or
(5) Any other recreational facility where minors congregate or property zoned, planned or otherwise designated for such use by city action.
(B) An adult business shall not be established or located within 200 feet of an existing adult business. If two or more existing adult businesses are located in closer proximity to each other than 200 feet, 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 business is or will be located to the nearest property line of any land use, land use district or zone described in division (A) of this section, or to the nearest point of the building or structure in which an existing adult business described in division (B) of this section, 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 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 business shall comply with the applicable site development standards--including parking--of the zone, district or area in which the adult business is located, the building code, fire code, and the health and safety code of the city. An adult business shall comply with the applicable city permit and inspection procedures. In addition, adult businesses shall comply with the following performance standards:
(1) Each adult business shall have a business entrance separate from any other non-adult business located in the same building.
(2) No adult 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 business is conducted.
(3) The building entrance to the adult business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises.
(4) Each adult 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 business is open to the public.
(5) Any viewing room shall be visible from the manager's station of the adult 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 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 County fire department and the city's building department.
(8) No adult business shall operate between the hours of two a.m. and nine a.m. of any particular day. No owner, operator, manager or employee of an adult business, regardless of whether or not a permit has been issued for said business under the provisions of this 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 two a.m. and nine 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) Off-street parking shall be provided for the adult business as specified for the zone, district or area in which the business is located in accordance with the parking provisions of this code and as follows:
(10) Adult Theater, Adult Cabaret or Adult Motion Picture Arcade. One parking space shall be provided for every two seats in the viewing room, or one parking space shall be provided for every two occupants per the allowable occupant load as established by the chief building official and/or the fire marshal, whichever standard is greater. In addition, one parking space shall be provided for each employee on the maximum shift.
(11) Any person who operates or causes to be operated an adult business, other than an adult motel and regardless of whether or not an adult business license has been issued to said business under this code, which exhibits on the premises in a viewing room or viewing booth of less than 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 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 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 permit-holder to ensure that at least one 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 have two 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 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 permit-holder and any employees present on the premises to insure that the view area specified in subdivision d of this subsection 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.
(12) 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 business shall be illuminated during all hours of operation with a lighting system designed to provide an average maintained horizontal illumination of one 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 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 chief of police.
(b) All interior portions of the adult 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 foot candles of light.
(c) For adult businesses which exceed an occupant load of one 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 chief of police. Security personnel shall be licensed in accordance with the California Business and Professions Code, to the satisfaction of the chief of police.
(13) 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 theater 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.
(14) 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 or more times in a period of time that is less than ten hours on a recurring basis creates a rebuttable presumption that the establishment is an adult hotel/motel as that term is defined in this chapter.
(b) A person is in violation of the provisions of this chapter if such person rents or sub-rents a sleeping room at a location without an adult business license and an adult use planning permit to a person or persons and within ten hours thereafter rents or sub-rents the same room to another person(s) or sub-rents the same room to the prior renter.
(Ord. 2708 § 4, 2004.)