(A) Purpose and applicability. This section establishes standards for the location, approval and operation of adult entertainment as defined in § 155.304.030(B) (Definitions).
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ENTERTAINMENT.
(a) A business which either:
1. Provides live entertainment or performances that involve the display of specified anatomical areas or specified sexual activities; or
2. Displays pornographic films, photographs or other still or moving images with an emphasis on specified anatomical areas or specified sexual activities.
(b) ADULT ENTERTAINMENT includes, but is not limited to, strip clubs, adult movie theaters, adult arcades, adult motels and places that engage in or allow couch dancing, topless dancing, nude or semi-nude mud wrestling and similar businesses.
SPECIFIED ANATOMICAL AREAS. Any of the following:
(a) Less than completely and opaquely covered human genitals, pubic region, anus or female breasts below a point immediately above the top of the areolae; and/or
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(a) The fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breasts;
(b) Sex acts, actual or simulated, including intercourse, oral copulation or sodomy;
(c) Masturbation, actual or simulated;
(d) Human genitals in a state of sexual stimulation, arousal or tumescence; and
(e) Excretory functions.
(C) Exceptions. The following types of businesses are not considered adult entertainment and are exempt from the requirements of this section:
(1) Retail sales. The sale of adult-oriented merchandise related to specified anatomical areas or specified sexual activities as defined in § 155.304.030(B) (Definitions), including adult bookstores, adult video rental stores, adult novelty stores and art galleries. All such uses must comply with Cal. Penal Code Title 9, Ch. 7.5, (Obscene Matter) and other applicable obscenity and indecent behavior laws (e.g., sexually-explicit merchandise may not be visible from building exterior);
(2) Therapeutic massage. Massage conducted by a massage therapist certified by the California Massage Therapy Council;
(3) Medical or psychological therapies. The medical or psychological therapeutic activities of state-licensed doctors, psychologists, psychiatrists or marital or sexual therapists;
(4) Modeling or theatrical performances. Nude modeling done in connection with an educational program or artistic endeavor. Occasional theatrical performances, either live or in motion picture theaters, in which nudity is incidental to the content of the presentation; and
(5) Private non-commercial behavior. This section does not regulate the private behavior of adults, which is otherwise permitted by law, where there is no payment, gratuity, exchange of labor or goods or other consideration of a transaction.
(D) Permit required. A conditional use permit is required to:
(1) Establish an adult entertainment use as a new business;
(2) Convert an existing business to an adult entertainment use; or
(3) Add activities that qualify as an adult entertainment use to an existing business.
(E) Location.
(1) LI and HN Zoning Districts only. Adult entertainment is allowed only within the Hinge (HN) and Light Industrial (LI) Zoning Districts.
(2) Prohibited on Highway 101. Adult entertainment is not permitted on properties fronting Highway 101 (Broadway, 4th Street or 5th Street).
(3) Other adult businesses. An adult entertainment use may not be established or located within 500 feet of any other adult entertainment use.
(4) Sensitive land uses. An adult entertainment use may not be established or located within 500 feet of a sensitive land use. A SENSITIVE LAND USE means any one of the following:
(a) A residential zoning district or residential use (not including caretaker units);
(b) A religious institution, on land leased or owned by any church, synagogue, mosque, temple or any school or meeting hall operated by such institution;
(c) A public or private elementary, junior high or high school, preschool or child day care center;
(d) A public park on which recreation games may be played, including lawn and parking areas, but excluding natural open space areas where no recreational facilities are present;
(e) A public assembly or public use civic building, including libraries, community centers, post offices, but excluding police and fire stations; and
(f) Other land uses oriented to youth/minors as determined by the Director (e.g., toy stores, ice cream shops and the like).
(F) Application review/conditions of approval.
(1) Applications to establish adult entertainment shall be reviewed by the City of Eureka Chief of Police. The Chief of Police shall recommend to the Planning Commission conditions of approval necessary to protect the public health, safety and welfare.
(2) Conditions of approval may address hours of operation, lighting, management supervision, security, visibility, signage, access by minors, live performances, the configuration of interior spaces and other development and operational standards as needed.
(3) To approve an adult entertainment use, the Planning Commission must make all findings in § 155.412.110(F) (Findings for Approval) and may attach any additional conditions of approval in accordance with § 155.408.120 (Conditions of Approval).
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20)