(A) Adult businesses shall comply with all applicable state and federal laws in addition to the following development and operational standards.
(1) Location. Adult-oriented businesses shall be located:
(a) At least 600 feet from any residential zoning district;
(b) At least 600 feet from any existing educational institution such as schools, nursery, or child-care facilities, religious or cultural institutions, libraries, or community centers;
(c) At least 600 feet from any existing or planned park, playground, or other recreational facility where minors congregate; and
(d) At least 600 feet from another adult-oriented business and any alcohol sales or cannabis dispensaries.
(2) The distances set forth above shall be measured in a straight line, without regard to intervening structures, as a radius from the primary entrance of the adult business to the closest property line of the other use.
(B) Hours of operation for the adult business shall be limited to the hours between 8 a.m. and 9 p.m. Sunday through Thursday, and between 8 a.m. and 10 p.m. on Friday and Saturday.
(C) No adult-oriented business shall be operated in any manner that permits the observation of any material or activities depicting, describing, or relating to specified sexual activities or anatomical areas from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign (exterior and interior), show window or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times. Such opaque covering shall be subject to review and approval by the City Manager or designee for aesthetic compatibility with surrounding uses. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the business.
(D) All off-street parking areas and building entries serving the adult-oriented business shall be illuminated from dusk until at least on hour after close of operations with a lighting system which provides a minimum of one foot-candle of light maintained evenly across the parking surface and/or walkway.
(E) Display. No adult-oriented business shall display or exhibit any material in a manner which exposes to the public view photographs or illustrations of specified sexual activities or naked adults in poses which emphasize or direct the viewer's attention to the subject's genitals. Adult newsracks are subject to this limitation.
(F) Security program. An on-site security program shall be prepared and implemented as follows:
(1) Exterior lighting. All off-street parking areas and building entries serving an adult business shall be illuminated during all hours of operation with a minimum maintained horizontal illumination of one foot-candle of light on the parking surface and/or walkway.
(2) Interior lighting. All interior portions of the adult business, except those devoted to minimotion or motion pictures, shall be illuminated during all hours of operation with a lighting system that provides a minimum maintained horizontal illumination of not less than two foot-candles of light on the floor surface.
(3) Security guards. Security guards for adult businesses may be required if it is determined by the Fresno Police Department that their presence is necessary in order to prevent any unlawful conduct from occurring on the premises.
(G) Site conditions.
(1) Facade. For existing buildings, pictures of the building(s) must be provided to the city upon submittal of a conditional use permit application. The exterior of the building(s) may be required to be repainted and repaired if needed.
(2) Landscaping. The site shall comply with all landscaping requirements in place at the time of application.
(3) Litter. The exterior, including all signs and accessory buildings and structures, shall be maintained free of litter at all times. The owner or operator shall provide for daily removal of trash, litter, and debris from premises and on all abutting sidewalks within 20 feet of the premises.
(4) Graffiti. The owner or operator shall remove graffiti within 48 hours.
(H) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EXPOSES TO PUBLIC VIEW. Exposes to the view of persons outside the building in which such adult entertainment facility is located.
SPECIFIED ANATOMICAL AREAS. Less than completely and opaquely covered:
(a) Mature human genitals;
(b) Mature human buttock;
(c) Mature human female breast below a point immediately above the top of the areola; or
(d) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(a) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism or zooerasty;
(b) Clearly depicted human genitals in a state of sexual stimulation, arousal, or tumescence;
(c) Use of human or animal masturbation, sodomy, oral copulation, coitus, or ejaculation;
(d) Fondling or touching of nude human genitals, pubic region, buttocks, or female breast;
(e) Masochism, erotic or sexually oriented torture, beating, or infliction of pain;
(f) Erotic or lewd touching, fondling, or other contact with an animal by a human being;
(g) Human excretion, urination, menstruation, vaginal, or anal irrigation in the context of a sexual relationship; or
(h) Any combination of the above items (a) through (g).
(I) Adult-oriented business types. Adult-oriented businesses include but are not limited to the following types of businesses.
(1) Adult newsrack. Any coin-operated machine or device that dispenses material substantially devoted to the depiction of "specified sexual activities" or "specified anatomical areas."
(2) Adult bookstore. Any building, or portion thereof, where space devoted to adult material composes 25% or more or 500 square feet, whichever is less, of any one or more of the following:
(a) Wall space; and/or
(b) Any display area other than wall space (e.g., tables, racks, and/or any other display areas or structures) or stock in trade (inventories not on display, but on site).
(3) Adult entertainment facility. An adult newsrack, adult bookstore, adult motion picture theater, adult hotel or motel, adult motion picture arcade, cabaret, model studio, sexual encounter center, or any other sex business, or any combination of two or more of such uses.
(4) Adult motion picture arcade. Any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas."
(5) Adult motion picture theater. A building or portion thereof, or area, whether open or enclosed, used for presenting material in the form of motion picture film, videotape, or other means which is substantially devoted to the depiction of "specified sexual activities" or "specified anatomical areas" for observation by persons therein.
(6) Adult novelty store. A building, or portion thereof, in which 25% or more of the display area for devices, instruments, or paraphernalia is used for the distribution, sale, offer for sale and/or rental or offer for rental of any device, instrument, or paraphernalia evidently designed or marketed for sexual stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others. Such devices, instruments, or paraphernalia include, but are not limited to, phallic-shaped vibrators, dildos, muzzles, whips, chains, bather restraints, racks, non-medical enema kits, body-piercing implements (excluding earrings or other decorative jewelry) or other evident tools of sadomasochistic abuse.
(7) Adult video store. A building, or portion thereof, in which 25% or more of any one or more of the following: wall space or any display area other than wall space (e.g. tables, racks, and/or any other display areas or structures) or stock in trade (inventories not on display but on site) or gross revenues or advertising and other promotion of video, video cassettes, slides, tapes, films, compact discs, Blu-ray, and the like, motion pictures in which 25% or more of the description, display time, or depiction is devoted to the presentation of "specified sexual activities" or "specified anatomical areas" as defined in this subchapter.
(8) Cabaret. A nightclub, theater, or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."
(9) Model studio. Any business where, for any form of consideration or gratuity, figure models who display "specified anatomical areas" are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity. This does not include accredited educational institutions which may employ models in fine art courses.
(10) Sexual encounter center. Any business, agency, or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble, or associate for the purpose of engaging in "specified sexual activities" or exposing "specified anatomical areas."
(11) Other sex business. Any other business or establishment which offers its patrons goods, services, or entertainment, or any combination thereof, characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," including such types of business known as adult dance studios, men's social clubs, and music studios which meet such definition.
(Ord. 2021-03, passed 12-7-2021)