Section
10-7.01 Purpose
10-7.02 Definitions
10-7.03 Minimum proximity requirements
10-7.04 Amortization of nonconforming adult-oriented business uses
10-7.05 Extension of time for termination of nonconforming use
10-7.06 Permits required
10-7.07 Adult-oriented business use permit required
10-7.08 Applications
10-7.09 Investigation and action on application
10-7.10 Permit denial and renewal
10-7.11 Transfer of adult-oriented business regulatory permits
10-7.12 Adult-oriented business performer permit
10-7.13 Investigation and action on application
10-7.14 Suspension or revocation of adult-oriented business use permits and adult-oriented business performer permits
10-7.15 Appeal of denial, suspension or revocation
10-7.16 Adult-oriented business development and performance standards
10-7.17 Register and permit number of employees
10-7.18 Display of permit
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-oriented businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, churches, and residentially zoned districts or uses. The City Council finds that it has been demonstrated in various communities that the concentration of adult-oriented 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 move elsewhere. It is, therefore, the purpose of this chapter to establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses or their close proximity to incompatible uses, while permitting the location of adult-oriented businesses in certain areas.
(Ord. 697 C.S., passed 3-17-99)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ENTERTAINMENT BUSINESSES. Any of the following:
ADULT ARCADE. An establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE. An establishment that has 30% or more of its stock in books, magazines, periodicals, or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records, or other forms of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.
ADULT CABARET. A nightclub, restaurant, or similar business establishment which:
(1) Regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified sexual activities; and/or
(2) Shows films, computer-generated images, motion pictures, video cassettes, slides, or other photographic reproductions, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
ADULT HOTEL/MOTEL. A hotel or motel or similar business establishment offering public accommodations for any form of consideration which:
(1) Provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and
(2) Rents, leases, or lets any room more than twice in a 24-hour period.
ADULT MOTION PICTURE THEATER. A business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and 30% or more of the number of which are distinguished or 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 distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.
ESCORT BUREAU. A business which, for pecuniary compensation, consideration, hire or reward furnishes or offers to furnish escorts.
MODELING STUDIO. A 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 of California 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 ENTERTAINMENT BUSINESS OPERATOR. The term ADULT ENTERTAINMENT BUSINESS OPERATOR (hereinafter OPERATOR) as used in this chapter, shall mean a person who supervises, manages, inspects, directs, organizes, controls, or in any other way is responsible for or in charge of the premises of an adult entertainment business or the conduct or activities occurring on the premises thereof.
APPLICANT. A person who is required to file an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an ADULT ENTERTAINMENT BUSINESS.
BAR. Any commercial establishment licensed by the State of California Department of Alcoholic Beverage Control to serve alcoholic beverages on the premises.
CHURCH. A structure which is used primarily for religious worship and related religious activities.
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON. The term DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON as used in this chapter, shall mean and refer to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those where dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas.
ENTERTAINER. Any person who is an employee or independent contractor of the adult-oriented business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult-oriented business.
ESCORT. A person who, for pecuniary compensation, monetary or other consideration, hire or reward:
(1) Escorts or accompanies others to or about social affairs, entertainment or places of amusement; or
(2) Keeps company with others about any place or public resort or within any private quarters; or
(3) Who agrees or offers to privately model lingerie or to privately perform a striptease for another person; or
(4) Who agrees to provide any service which is distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities.
FIGURE MODEL. Any person who, for pecuniary compensation, consideration, hire or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculpted, photographed, or otherwise depicted.
HEALTH OFFICER. A health officer of the city or his or her duly authorized representative.
NUDITY or A STATE OF NUDITY. The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernible turgid state.
OPERATE AN ADULT ENTERTAINMENT BUSINESS. The supervising, managing, inspecting, directing, organizing, controlling, or in any way being responsible for or in charge of the conduct of activities of an adult entertainment business.
PARK. Any city owned, operated, or managed area specifically established for the recreation of the public.
PERMITTEE. The person to whom an adult entertainment business permit is issued.
PERSON. Any individual, partnership, co-partnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.
POLICE CHIEF. The Chief of Police of the city or the authorized representative thereof.
REGULARLY FEATURES. With respect to an adult theater or adult cabaret, a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a 30 day period; three or more occasions within a 60 day period; or four or more occasions within a 180-day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.
SCHOOL. Any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college or university.
SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.
SPECIFIED ANATOMICAL AREAS. Any of the following:
(1) Less than completely and opaquely covered human: (i) genitals or pubic region; (ii) buttocks; and (iii) female breast below a point immediately above the top of the areola; and
(2) Human male genitals in a discernible turgid state, even if completely and opaquely covered;
(3) Any device, costume, or covering that simulates any of the body parts included in subsections (1) or (2) of this definition.
SPECIFIED SEXUAL ACTIVITIES. Any of the following whether performed directly or indirectly through clothing or other coverings:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;
(3) Masturbation, actual or simulated; and
(4) Excretory functions as part of or in connection with any of the other activities described in this definition.
(Ord. 697 C.S., passed 3-17-99)
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