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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))
A. Generally. The operator shall not permit any doors on the premises to be locked during business hours and, in addition, the operator shall be responsible for making any room or area on the premises readily accessible at all times and making open to view in its entirety for inspection by any enforcement officer.
B. Minors' access.
1. X-rated movies. To the extent that it is in conformity with the California Penal Code, X-rated movies, videotapes, digital video disks (DVDs), compact disks (CDs) and laser disks shall be restricted to persons over 18 years of age. If an establishment that is not otherwise prohibited from providing access to persons under 18 years of age sells, rents, or displays movies, videos, DVDs, or laser disks that have been rated “X” or rated “NC-17” by the motion picture rating industry (“MPAA”), or which have not been submitted to the MPAA for a rating, and which consist of images which are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, the movies, videos, DVDs, CDs, and laser disks shall be located in a specific section of the establishment where persons under the age of 18 shall be prohibited.
2. Other material relative to adult uses. For material relative to adult uses not covered by division E.1. above, access shall be restricted to persons over 18 years of age.
3. It shall be unlawful for any employee, owner, operator, responsible managing employee, manager or permittee of an adult entertainment business to allow any person under the age of 18 years upon the premises or within the confines of any adult entertainment business, either as a patron or employee, if no liquor is served, or under the age of 21 if liquor is served.
('65 Code, § 23-24.4(D), (E)) (Ord. No. 98-006, § 20 (part))
No one shall maintain any arcade booth or individual viewing area unless the entire interior of such premises wherein the picture or entertainment that is viewed is visible upon entering into such premises; and further, that the entire body of any viewing person is also visible immediately upon entrance to the premises without the assistance of mirrors or other viewing aids. No partially or fully enclosed booths/individual viewing areas or partially or fully concealed booths/individual viewing areas shall be maintained. No arcade booth shall be occupied by more than one individual at a time. No holes or other openings (commonly known as “glory holes”) shall be permitted between arcade booths or individual viewing areas.
('65 Code, § 23-24.4(F)) (Ord. No. 98-006, § 20 (part))
All viewing areas within the adult use shall be visible from a continuous and accessible main aisle in a public portion of the establishment, and not obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing into the viewing areas from the main aisle. A manager shall be stationed in the main aisle or video monitoring shall be established at a location from which the inside of all of the viewing areas are visible at all times in order to enforce all rules and regulations. All viewing areas shall be designed or operated to only permit occupancy of either one person, or more than ten (10) persons. “Viewing area” shall mean any area in which a person views performances, pictures, movies, videos, or other presentations.
('65 Code, § 23-24.4(G)) (Ord. No. 98-006, § 20 (part))
A. All adult uses shall have a responsible person who shall be at least eighteen (18) years of age and shall be on the premises to act as manager at all times during which the business is open. The individual designated as the on-site manager shall be registered with the City Manager or designee by the owner to receive all complaints and be given by the owner and/or operator the responsibility and duty to address and immediately resolve all violations taking place on the premises.
B. The adult use shall provide a security system that visually records and monitors all parking lot areas, or in the alternative, uniformed security guards to patrol and monitor the parking lot areas during all business hours. A sign indicating compliance with this provision shall be posted on the exterior of the premises between four (4) to six (6) feet from the ground and shall be in addition to allowable wall sign area pursuant to the Zoning Code (Signs), as set forth in Title 17 of this Code. The sign shall not exceed two (2) feet by three (3) feet and shall at a minimum be one (1) foot by one and one-half (1½) feet.
('65 Code, § 23-24.4(H)) (Ord. No. 98-006, § 20 (part); Ord. No. 2006-009 §22 (part))
All adult uses shall comply with the following sign requirements, in addition to those of the Zoning Code, as set forth in Title 17 of this Code. Should a conflict exist between the requirements of the Zoning Code, as set forth in Title 17 of this Code, and this section, the more restrictive shall prevail.
A. All exterior signs shall be flat (i.e., not angled to the front wall of the building) wall signs.
B. No material relative to adult use on the premises shall be displayed in window areas or any area where they can be viewed from the sidewalk in front of the building.
C. Window areas shall not be covered or made opaque in any way. No sign shall be placed in any window. A one-square-foot sign may be placed on the door to state hours of operations and admittance requirements.
('65 Code, § 23-24.4(I)) (Ord. No. 98-006, § 20 (part))
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