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GENERAL PROVISIONS
It is the intent of this Chapter to prevent community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of adult use businesses in close proximity to each other or proximity to incompatible uses such as schools, religious institutions, and residentially zoned properties. The City Council finds that it has been demonstrated in various communities that the concentration of adult use businesses causes an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described above can cause other businesses and residents to relocate. It is, therefore, the purpose of this Chapter to establish reasonable and uniform operational and development regulations to prevent the concentration of adult uses businesses or their close proximity to incompatible uses, while permitting the location of adult use businesses in certain areas and to regulate the time, place and manner of the operation of adult uses in order to minimize the negative secondary effects associated with such uses.
('65 Code, § 23-24.1) (Ord. No. 98-006, § 20 (part))
In addition to the definitions contained elsewhere in this Code, the following words and phrases shall, for the purposes 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 any other provisions of this Code, these definitions shall prevail.
ADULT ARCADE. A business establishment or concern to which the public is permitted or invited and where coin, coin-card, slug-operated or electronically, electrically or mechanically controlled amusement devices, still or motion picture machines, projectors, videos 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.”
ADULT BOOKSTORE. A business establishment or concern having as a regular and substantial portion of its stock in trade, “material relative to adult uses” (as defined below) which is distinguished or characterized by its emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas.”
ADULT BOOTH. An enclosed or partially enclosed portion of an adult use used for any of the following purposes:
1. Where a live or taped performance is presented or viewed, where the material presented is distinguished or characterized by its emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas”;
2. Where persons engage in “specified sexual activities” or activities involving “specified anatomical areas”; or
3. Where adult arcade devices are located.
ADULT BUSINESS or ADULT USE.
1. A business establishment or concern which as a regular and substantial course of conduct operates as an adult bookstore, adult theater, adult arcade, adult cabaret, adult motel or hotel; or
2. A business establishment or concern which as a regular and substantial course of conduct offers, sells or distributes adult-oriented merchandise 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 parts,” but not including those uses or activities which are preempted by state law.
ADULT CABARET. A nightclub or other business establishment or concern (whether or not serving alcoholic beverages) which features live performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar performers, and where such performances are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.”
ADULT FIGURE MODELING STUDIO. Any establishment or business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display “specified anatomical areas” to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. “Modeling studio” does not include schools maintained pursuant to standards set by the State Board of Education. “Modeling studio” further does not include a studio or similar facility, owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available “specified sexual activities.”
ADULT HOTEL/MOTEL. A hotel or motel which is used for presenting on a regular and substantial basis “material relative to adult uses” which is distinguished or characterized by the emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” through closed circuit or cable television or through videotape recorder where videotapes are provided by the hotel/motel.
ADULT-ORIENTED MERCHANDISE. 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 sadomasochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.”
ADULT MOTION PICTURE THEATER. A commercial establishment where, on a regular and substantial basis and for any form of consideration, “material relative to adult uses” is presented through films, motion pictures, video cassettes, slides, laser disks, digital video disks, or similar electronically-generated reproductions that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
ESTABLISHMENT OF AN ADULT USE. Any of the following:
1. The opening or commencement of any adult use as a new business;
2. The conversion of an existing business, whether or not an adult use, to any adult use defined herein;
3. The conversion of a vacant building for use as any adult use defined herein;
4. The addition of any of the adult uses defined herein to any other existing adult use;
5. The relocation of any such adult use;
6. Physical changes that expand the square footage of an existing adult use by more than ten percent (10%).
MATERIAL RELATIVE TO ADULT USES. Anything including, but not limited to, adult oriented merchandise, accessories, paraphernalia, books, magazines, laser disks, compact discs, digital video disks, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, or electronically generated images or devices including computer software, or any combination thereof, which is or distinguished or characterized by emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.”
PERFORMER. A person who is an employee or independent contractor of an adult use, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult use. “Performer” does not include a patron.
SPECIFIED ANATOMICAL AREAS.
1. Less than completely and opaquely covered, and/or simulated to be reasonably anatomically correct;
2. Human genitals, pubic region;
3. Buttock;
4. Female breast below a point immediately above the top of the areola; or
5. Human or simulated male genitals, in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
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, buttock, or female breast.
('65 Code, § 23-24.2) (Ord. No. 98-006, § 20 (part))
A. Subject to the limitations of this Chapter, adult uses may only be located within the following zoning districts, as established by the Zoning Code, as set forth in Title 17 of this Code:
1. C-3 (Commercial);
2. C-3E (Extended Commercial);
3. C-3LR (Lowrise Commercial);
4. C-3MR (Midrise Commercial);
5. M-1 (Light Manufacturing);
6. M-1A (Modified Light Manufacturing); or
7. M-2 (General Manufacturing and Industrial).
B. In those zoning districts where the adult uses regulated by this Chapter would otherwise be permitted uses, it shall be unlawful to establish any such adult use if the location is:
1 . Within six hundred (600) feet of any residential zone. The distance between the adult use or proposed adult use and a residential zone shall be measured between the nearest exterior wall of the facility or tenant space housing the adult use or the proposed adult use, and the nearest property line included within the residential zone, along a straight line extended between the two (2) points.
2. Within six hundred (600) feet of any day care facility, park, public school or private school, or religious institution. The distance between the adult use or proposed adult use and a park or school shall be measured from the nearest exterior wall of the facility or tenant space housing the adult use or the proposed adult use to the property line of the school or park site, measured along a straight line extended between the two (2) points.
3. Within one thousand (1,000) feet of any other adult use regulated under this Chapter. Distances between uses shall be measured between the nearest exterior wall of the facility or tenant space housing such use or proposed use along the shortest route intended and available for public traverse between the uses.
4. For purposes of this section, the following definitions shall apply:
(a)
DAY CARE FACILITY. A facility that meets the definition of “Day Care Facility” as set forth in the Zoning Code, as set forth in Title 17 of this Code.
(b)
PARK. A facility that meets the definition of “Park,” as set forth in § 9.10.005.
(c)
PUBLIC SCHOOL or PRIVATE SCHOOL. An institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education and has an approved use permit, if required, under the applicable jurisdiction. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, a special institution of learning under the jurisdiction of the State Department of Education.
(d)
RELIGIOUS INSTITUTION. A facility used primarily for religious assembly or worship and related religious activities.
(e)
RESIDENTIAL ZONE. Any property within the City which carries a zoning designation of Single Family Dwelling Zone (R-1 and R-1a Zone); One Family Dwelling/Zero Lot Line Zone (R-1z Zone); Two Family Dwelling Zone (R-2 Zone); Low Density Multiple Family Dwelling Zones (R-3 and R-3a Zone); Medium Density Multiple-Family Dwelling Zone (R-4 Zone) and property within the Planned Development Zone (PD) that has been formally restricted by action of the City Council to residential use. However, this does not include commercial or industrial zones where a residence is permitted pursuant to a conditional use permit or other special permit or zones in which a residential use may exist as a non-conforming use.
('65 Code, § 23-24.3) (Ord. No. 98-006, § 20 (part))
DEVELOPMENT AND OPERATING STANDARDS
It shall be unlawful for any operator or employee of an adult use to allow such adult use to remain open for business, or to permit any employee or performer 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 midnight and 10:00 a.m. of any day.
('65 Code, § 23-24.4(A)) (Ord. No. 98-006, § 20 (part))
A. Exterior lighting requirement. All exterior areas, including parking lots, of the adult use shall be illuminated at a minimum of 1.50 foot-candle, maintained and evenly distributed at ground level with appropriate devices to screen, deflect or diffuse the lighting in such manner as to prevent glare or reflected light from creating adverse impacts on adjoining and nearby public and private properties.
B. Interior lighting requirements. All interior areas of the adult use shall be illuminated at a minimum of 1.00 foot-candle, maintained and evenly distributed at floor level.
('65 Code, § 23-24.4(B), (C)) (Ord. No. 98-006, § 20 (part))
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