It is the purpose of this chapter to regulate adult oriented businesses in order to promote the health, safety, and general welfare of the residents of the city, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of adult oriented businesses within the city. The requirements of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials. Similarly, it is not the intent or effect of this ordinance to restrict or deny access by adults to adult oriented materials protected by the First Amendment, or to deny access by distributors and exhibitors of adult entertainment or adult oriented materials to their intended market. Nothing in these regulations is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any city ordinance or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter or the exhibition or public display thereof. (Ord. 2010-02 § 1 (part), 2010)
Adult entertainment businesses are permitted subject to compliance with the location requirements listed below.
A. Adult entertainment businesses regulated by this chapter shall only be permitted as established by Article II. (Zoning Districts, Allowed Uses, and Development Standards), subject to the regulations outlined in this Chapter, and subject to the issuance of a conditional use permit pursuant to the requirements of Section 17.12.140 (Conditional Use Permit). This requirement is in addition to other permits of certificates required by law.
B. Such use is more than four hundred (400) feet from any area zoned for residential use.
C. Such use is more than one thousand (1,000) feet from any other adult entertainment business.
D. Such use is more than five hundred (500) feet from any public or private school, day care, park, playground, public building, church, recreation area, nature trail, synagogue, mosque, temple, or other building for religious worship, youth-oriented establishments, or any noncommercial establishment operated by a religious organization.
E. For the purposes of this chapter, all distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point of the building or structure used as an adult entertainment business is conducted to the nearest property line or nearest point of any building on the property at issue.
F. The establishment of any adult entertainment business shall include the opening of such a business as a new business, the relocation of such a business, the conversion of an existing business location to any adult entertainment use or the addition of any of the adult entertainment businesses defined in the title to any other existing adult entertainment businesses. (Ord. 2010-02 § 1 (part), 2010)
Adult entertainment businesses are permitted subject to compliance with the requirements listed below.
A. In any adult theater, the entire interior of the premises where the pictures are to be viewed shall be visible upon entrance to such premises; in addition, no viewing booths or areas shall be partially or fully enclosed or concealed.
B. No person shall place, maintain, display, or exhibit any material in a manner which exposes to public view photographs or illustrations of specified sexual activities or of poses which emphasize or direct the viewer's attention to specified anatomical areas. As used herein, exposes to public view means exposes to the view of persons outside the building on which said material is placed, maintained, or displayed.
C. The building entrance to the adult entertainment business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises.
D. All building openings, entries, and windows for an adult entertainment business shall be located, covered or screened in such a manner as to prevent a view into the interior of an adult entertainment business from any area open to the general public.
E. All off-street parking areas and buildings entries serving the adult entertainment business shall be illuminated during all hours of operation. All interior portions of the adult entertainment business, except those areas devoted to mini-motion or motion pictures, shall be illuminated during all hours of operation.
F. All indoor areas of an adult entertainment business within which patrons are permitted, except restrooms, shall be open to view by the management at all times. Individual viewing booths for public use in adult oriented businesses may be enclosed on three (3) sides only and the open side shall be one hundred percent (100%) open. The visibility of the inside of the booths shall not be obstructed. Not more than one (1) person shall occupy any individual booth at one (1) time.
G. Parking shall be provided pursuant to Chapter 17.48 (Parking).
H. Nudity at Adult Entertainment Businesses. The United States Supreme Court decision in Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111 (1991), which upheld the rights of cities to prohibit live public exposure of a person's private parts, specifically applies to adult entertainment businesses (regardless of whether or not a permit has been issued to said businesses under this title), including said businesses where no alcoholic beverages are sold, served, or consumed at the premises. Based on this ruling, the city prohibits public nudity within the city, including public nudity at any adult entertainment business. Any adult entertainment business which is found in violation of this section shall have its business license suspended pursuant to the requirements of Title V of this Municipal Code. (Ord. 2010-02 § 1 (part), 2010)
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