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)
No adult-oriented business shall be established or located in any zone in the city other than the C-2, Heavy Commercial Zone, or the I, Industrial Zone, or within 1,000 feet of certain specified land uses or zones as set forth below:
(A) No such business shall be established or located within 1,000 feet of any other adult-oriented business.
(B) No such business shall be established or located within 1,000 feet of any existing residential zone or use, park, church or school.
(C) The distances set forth above shall be measured as a radius from the primary entrance of the adult-oriented business to the property lines of the property so zoned or used without regard to intervening structures.
(Ord. 697 C.S., passed 3-17-99)
Any use of real property existing on the effective date of this Code amendment, which does not conform to the provisions of § 10-7.03 but was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued for a maximum of five years after the effective date of this chapter. On or after such date, all such nonconforming uses shall be terminated unless an extension of time has been approved by the Planning Commission in accordance with § 10-7.05.
(A) Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult-oriented business shall result in a loss of legal nonconforming use status of such use.
(B) Amortization - Annexed Property. Any adult-oriented business which was a legal use at the time of annexation of the property and which is located in the city, but which does not conform to the provisions of § 10-7.03 shall be terminated within five years of the date of annexation unless an extension of time has been approved by the Planning Commission in accordance with the provisions of § 10-7.05.
(Ord. 697 C.S., passed 3-17-99)
The owner or operator of a nonconforming use as described in § 10-7.04 may apply under the provisions of this section to the Planning Commission for an extension of time within which to terminate the nonconforming use.
(A) Time and manner of application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of § 10-7.03, may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such application must be filed with the City Clerk at least 90 days but no more than 180 days prior to the time established in § 10-7.04 for termination of such use.
(B) Content of application; fees. The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the City Council.
(C) Hearing procedure. The Community Development Director/City Engineer shall act as a hearing officer on the application in presenting the matter to the Planning Commission. The hearing officer shall set the matter for hearing within 45 days of receipt of the application. All parties involved shall have the right to offer testimony, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the Planning Commission shall be final for appeal purposes pursuant to the Madera Municipal Code.
(D) Findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved and shall be approved only if the Planning Commission makes all of the following findings or such other findings as required by law:
(1) The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property of structure cannot be readily converted to another use; and such investment was made prior to the effective date of this Code amendment;
(2) The applicant will be unable to recoup said investment as of the date established for termination of the use; and
(3) The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with § 10-7.03.
(Ord. 697 C.S., passed 3-17-99)
(A) It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city, the operation of an adult-oriented business unless the person first obtains and continues to maintain in full force and effect a permit from the city as herein required.
(B) It shall be unlawful for any persons to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult-oriented business unless the person first obtains and continues in full force and effect a permit from the city as herein required.
(Ord. 697 C.S., passed 3-17-99)
Loading...