A. Purpose. The purpose of this chapter is to regulate sexually-oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually-oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects from sexually-oriented businesses. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually-oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually-oriented materials protected by the first amendment, or to deny access by the distributors and exhibitors of sexually-oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.
B. Definitions. The following are definitions of specialized terms and phrases used in this chapter. Definitions of general terms and phrases are located in Article VI (Development Code Definitions). Sexually-oriented businesses are those businesses defined as follows:
1. Adult Arcade. An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image-producing machines, for viewing by five or fewer persons each, are used to show films, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
2. Adult bookstore, Adult Novelty Store or Adult Video Store. A commercial establishment that has as a significant or substantial portion of its stock-in-trade or a significant or substantial portion of its gross revenues or devotes a significant or substantial portion of its interior business or advertising to the sale, rental, or viewing for any form of consideration, of any one or more of the following:
a. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, slides, or other visual representations that are characterized by the depiction of description or "specified sexual activities" or "specified anatomical areas";
b. Instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities"; or
c. An establishment may have other principal business purposes that do not involve the offering for sale, rental, or viewing of materials depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an adult bookstore, adult novelty store or adult video store. The presences of other business purposes shall not serve to exempt these establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials that depict or describe "specified anatomical areas" or "specified sexual activities"
3. Adult Cabaret. A nightclub, bar, restaurant "bottle club" or similar commercial establishment, whether or not alcoholic beverages are served, that features any of the following:
a. Persons who appear nude or in a state of nudity or seminude;
b. Live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
c. Films, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
4. Adult Motel. A motel, hotel, or similar commercial establishment that includes any of the following:
a. Public accommodations, for any form of consideration, that provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and that advertises the availability of sexually-oriented material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio, or television;
b. Sleeping rooms for rent for a period of time less than ten hours; or
c. Sleeping rooms to subrent for a time period of less than ten hours.
5. Adult motion picture theater. A commercial establishment where films, motion pictures, videocassettes, slides or similar photographic reproductions depicting or describing "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.
6. Adult Theater. A theater, concert hall, auditorium, or similar commercial establishment that, for any form or consideration, regularly features persons who appear in a state of nudity or live performances that are characterized by exposure of "specified anatomical areas" or by "specified sexual activities."
7. Massage Parlor. A place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body that occurs as a part of or in connection with "specified sexual activities," or where a person providing a treatment, manipulation, or service related thereto, exposes "specified anatomical areas." The definition of sexually-oriented businesses shall not include the provision of personal services, as that term is defined by Section 16.110.020 of this development code, or the performance of massage in accordance with state law and in compliance with the requirements of Chapter 5.18 of this municipal code and this development code, or the practice of massage in any licensed hospital, or by a licensed hospital, or by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.
8. Sexual, Encounter Establishment. A business or commercial establishment, that as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" or the exposure of "specified anatomical areas "or activities when one or more of the persons is in a state of nudity or seminude". The definition of sexually-oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
9. Escort. A person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
10. Escort Agency. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
11. Nude Model Studio. A place where a person, who appears in a state of nudity or displays "specified anatomical areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.
Employee. A person who works or performs in and/or for a sexually-oriented business, regardless of whether or not said person is paid a salary, wage, or other compensation by the operator of said business. Establishment. The opening or commencement of any sexually-oriented business as a new business or any of the following:
1. The conversion of an existing business, whether or not a sexually-oriented business, to any of the sexually-oriented businesses defined in this chapter;
2. The addition of any of the sexually-oriented businesses defined in this chapter to any other existing sexually-oriented business; or
3. The relocation of a sexually-oriented business.
Nudity or State of Nudity. The appearance of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast, or a state of dress that fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.
Operator. The owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.
Public Building. A building owned, leased, or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes.
Public Park or Recreation Area. Public land that has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land that is under the control, operation or management of the city.
Religious Institution. Any church, synagogue, mosque, temple, or building that is used primarily for religious worship and related religious activities.
School. Any public or private educational facility including, but not limited to child day-care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.
Permitted or Licensed Premises. Any premises that requires a license and/or permit and that is classified as a sexually-oriented business.
Permittee and/or Licensee. A person in whose name a permit and/or license to operate a sexually-oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
Person. An individual, proprietorship, partnership, corporation, association, or other legal entity. Residential District or Use. A single family, duplex, townhouse, multiple family or mobile park or subdivision. Specified Anatomical Areas. Any of the following:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified Sexual Activities. Any of the following:
1. The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts;
2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
3. Masturbation, actual or simulated;
4. Human genitals in a state of sexual stimulation, arousal, or tumescence; or
5. Excretory functions as part of or in connection with any of the activities set forth in subdivisions 1 through 4 above.
Seminude. A state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breasts, as well as portions of the body covered by supporting straps or devices.
Substantial Enlargement of a Sexually-oriented Business. An increase of fifteen (15) percent or more in the floor area occupied by the business as it existed on December 1, 1991.
Transfer of Ownership or Control of a Sexually-oriented Business. Any of the following:
1. The sale, lease or sublease of the business;
2. The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
3. The establishment of a trust, gift or other similar legal devise that transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership of control.
C. Establishment and Classification of Businesses Regulated. Sexually-oriented businesses shall be allowed only in the GI zoning district subject to the following restrictions.
1. No person shall cause or permit the establishment of a sexually-oriented business within one thousand (1,000) feet of a religious institution, school, boys' club, girls' club, or similar existing youth organization, or public park or public building, or within one thousand (1,000) feet of any property zoned for residential use or within one thousand five hundred (1,500) feet of another sexually-oriented business.
2. Sexually-oriented businesses that meet the locational standards of this chapter shall be allowed in the MU-2, BP and GI zoning districts with conditional use permit approval provided that the business conforms to applicable federal and state standards, all applicable requirements of the municipal code, and all requirements of this development code.
D. Measurement of Distance. Distance between two sexually-oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business.
The distance between a sexually-oriented business and any religious institution, school, boys' club, girls' club, or similar existing youth organization, or public park or public building, or properties zoned for residential use or used for residential purposes shall also be measured in a straight line, without regard to intervening structures or objects from the nearest portion of the building or structure used as part of the premises where sexually-oriented business is conducted, to the nearest property line of the premises of a religious institution, public or private elementary or secondary school, or the nearest boundary of an affected public park, residential district, or residential lot.
E. Exception. A person appearing in a state of nudity is exempt from the requirements of this chapter if the person did so in a modeling class operated:
1. By a proprietary school licensed by the state, a college, junior college or university supported entirely or partly by taxation;
2. By a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or
3. In a structure:
a. That has no sign visible from the exterior of the structure or no other advertising that indicates a nude person is available for viewing; and
b. Where, in order to participate in a class a student shall enroll at least three days in advance of the class; and
c. Where no more than one nude model is on the premises at any one time.
F. Nonconforming Sexually-oriented Businesses.
1. A nonconforming sexually-oriented business shall be allowed to continue for a period not to exceed two years from the effective date of this code unless terminated sooner or voluntarily discontinued for a period of thirty (30) days or more.
2. If two or more sexually-oriented businesses are within one thousand five hundred (1,500) feet of one another and otherwise in an allowed location, the sexually-oriented business that was established first and continually operating at the particular location shall be the conforming use and the later established business(es) shall be nonconforming.
3. A sexually-oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent approval/development of a church, public or private elementary or secondary school, public park, public building, residential district, or residential lot within one thousand (1,000) feet of the sexually-oriented business. This provision applies only to the renewal of a valid permit and/or license and does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.
(Ord. 565-21, Exhibit B (part), 2021; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)