(A) Applicability: It is the intent of this section 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 cause 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 section 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.
(B) Findings Of City Council:
1. The city council, in adopting this section, takes legislative notice of the existence and content of the following studies concerning the adverse secondary side effects of adult oriented businesses in other cities: American Center For Law And Justice (1996); New York, New York (1994); state of New Jersey (1994); Garden Grove, California (1991); Tucson, Arizona (1990); Seattle, Washington (1989); Austin, Texas (1986); Oklahoma City, Oklahoma (1986); Indianapolis, Indiana (1984); Houston, Texas (1983); Beaumont, Texas (1982); Minneapolis, Minnesota (1980); Phoenix, Arizona (1979); Whittier, California (1978), Amarillo, Texas (1971); Cleveland, Ohio (1977); Los Angeles, California (1977). The city council finds that these studies are relevant to the problems addressed by the city in enacting this section to regulate the adverse secondary side effects of adult oriented businesses, and more specifically finds that these studies provide convincing evidence that:
(a) Adult oriented businesses are linked to increases in the crime rates in those areas in which they are located and in surrounding areas.
(b) Both the proximity of adult oriented businesses to sensitive land uses and the concentration of adult oriented businesses tend to result in the blighting and deterioration of the areas in which they are located.
(c) The proximity and concentration of adult oriented businesses adjacent to residential, recreational, religious, educational and other adult oriented businesses uses can cause other businesses and residences to move elsewhere.
(d) There is substantial evidence that an increase in crime tends to accompany, concentrate around and be aggravated by adult oriented businesses, including, but not limited to, an increase in the crimes of narcotics distribution and use, prostitution, pandering and violence against persons and property. The studies from other cities establish convincing evidence that adult oriented businesses which are not regulated as to permissible locations often have a deleterious effect on nearby businesses in residential areas, causing, among other adverse secondary effects, an increase in crime and a decrease in property values.
2. Based on the foregoing, the city council finds and determines that special regulation of adult oriented businesses is necessary to ensure that their adverse secondary side effects will not contribute to an increase in crime rates or to the blighting or deterioration of the areas in which they are located or surrounding areas. The need for such special regulations is based upon the recognition that adult oriented businesses have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity to sensitive uses, such as parks, schools and churches, thereby having a deleterious effect upon the adjacent areas. It is the purpose and intent of these special regulations to prevent the concentration of adult oriented businesses and thereby prevent such adverse secondary side effects.
3. The location requirements, established by this section, do not unreasonably restrict the establishment or operation of constitutionally protected adult oriented businesses that are provided by this section.
4. In developing this section, the city council has been mindful of legal principals relating to regulation of adult oriented businesses and does not intend to suppress or infringe upon any expressive activities protected by the first amendments of the United States and California constitutions, but instead desires to enact reasonable time, place and manner regulations that address the adverse secondary effects of adult oriented businesses. The city council has considered decisions of the United States supreme court regarding local regulations of adult oriented businesses, including, but not limited to: Young v. American Mini Theaters, Inc. 427 U.S. 50 (1976) (Reh. Denied 475 U.S. 1132); FWIPBS, Inc. v. Dallas 493 U.S. 215 (1990); Barnes v. Glenn Theater 501 U.S. 560 (1991); United States court of appeals 9th circuit decisions, including, but not limited to: Topanga Press Et Al. v. City Of Los Angeles 989 F.2d 1524 (1993); several California cases, including, but not limited to: City Of National City v. Wiener 3 Cal. 4th 832 (1993); People v. Superior Court (Lucero) 49 Cal. 3d 14 (1989); and City Of Vallejo v. Adult Books Et Al. 167 Cal. App. 3d 1169 (1985); and other federal cases, including: Lakeland Lounge v. City Of Jacksonville (5th Cir. 1992) 973 F.2d 1255; Hang On, Inc. v. Arlington (5th Cir. 1995) 65 F.3d 1248; Mitchell v. Commission On Adult Entertainment (3d Cir. 1993) 10 F.3d 123; International Eateries v. Broward County (11th Cir. 1991) 941 F.2d 1157, and Star v. Satellite v. City Of Biloxi (5th Cir. 1986) 779 F.2d 1074.
5. The city council also finds that locational criteria alone do not adequately protect the health, safety and general welfare of the citizens of the city, and thus certain requirements with respect to the ownership and operation of adult oriented businesses are in the public interest. In addition to the findings and studies conducted in other cities regarding increases in crime rates, decreases in property values and blighting of areas in which such businesses are located, the city council also takes legislative notice of the facts recited in the case of K v. Inc. v. Kitsav County 793 F.2d 1053 (1986), regarding how live adult entertainment results in secondary effects, such as prostitution, drug dealing and other law enforcement problems.
6. The city council finds the following, in part based upon its understanding of the documents and judicial decision in the public record:
(a) Evidence indicates that some dancers, models and entertainers and other persons who publicly perform specified sexual activities or publicly display specified anatomical parts in adult oriented businesses (collectively referred to as "performers") have been found to engage in sexual activities with patrons of adult oriented businesses on the site of the adult oriented businesses;
(b) Evidence has demonstrated that performers employed by adult oriented businesses have been found to offer and provide private shows to patrons who, for a price, are permitted to observe and participate with the performers in live sex shows;
(c) Evidence indicates that performers at adult oriented businesses have been found to engage in acts of prostitution with patrons of the establishment;
(d) Evidence indicates that fully enclosed booths, individual viewing areas and other small rooms whose interiors cannot be seen from public areas of the establishment regularly, have been found to be used as a location for engaging in unlawful sexual activity;
(e) As a result of the above, and the increase in incidents of AIDS and hepatitis B, which are both sexually transmitted diseases, the city has a substantial interest in adopting regulations which will reduce, to the greatest extent possible, the possibility of the occurrence of prostitution and casual sex acts at adult oriented businesses.
7. Zoning, licensing and other police power regulations are legitimate, reasonable means of accountability to help protect the quality of life in the city and to help assure that all operators of adult oriented businesses comply with reasonable regulations and are located in places that minimize the diverse secondary effects which naturally accompany the operation of such businesses.
8. The city council recognizes the possible harmful effects on children and minors exposed to the effects of such adult oriented businesses and the deterioration of respect for family values, and the need and desire of children and minors to stay away from and avoid such businesses, which causes children to be fearful and cautious when walking through or visiting the immediate neighborhood of such businesses; and the city council desires to minimize and control the adverse secondary effects associated with the operation of adult oriented businesses and thereby protect the health, safety and welfare of the citizens of the city; protect the citizens from increased crime; preserve the quality of life; preserve the property values and the character of surrounding neighborhoods and businesses; deter the spread of urban blight and protect against the threat to health from the spread of communicable and sexually transmitted diseases.
9. It is not the intent of the city council in enacting this section, or any provision thereof, to condone or legitimize the distribution of obscene material, and the city council recognizes that state law prohibits the distribution of the obscene materials and expects and encourages law enforcement officials to enforce state obscenity statutes against such illegal activities in the city.
10. Nothing in this section 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.
11. The city council finds the following in part, based upon its understanding of the documents and judicial decisions in the public record:
(a) Evidence indicates that some dancers, models and entertainers and other persons who publicly perform specified sexual activities or publicly display specific anatomical parts in adult oriented businesses (collectively referred to as "performers") have been found to engage in sexual activities with patrons of adult oriented businesses on the site of adult oriented businesses;
(b) Evidence has demonstrated that performers employed by adult oriented businesses have been found to offer and provide private shows to patrons who, for a price, are permitted to observe and participate with the performers in live sex shows;
(c) Evidence indicates that performers at adult oriented businesses have been found to engage in acts of prostitution with patrons of the establishment.
12. In prohibiting public nudity in adult oriented businesses, the city council does not intend to proscribe the communication of erotic messages or any other communicative element or activity, but rather only to prohibit public nudity due to the secondary impacts associated with such public nudity.
13. The city council also finds, as a wholly independent basis, that it has a substantial public interest in preserving societal order and morality, and that such interest is furthered by a prohibition of public nudity.
14. While the city council desires to protect the rights conferred by the United States constitution to adult oriented businesses, it does so in a manner that ensures the continued and orderly development of property within the city and diminishes, to the greatest extent feasible, those undesirable secondary effects which the aforementioned studies have shown to be associated with the development operation of adult oriented businesses.
15. In enacting a nudity limitation, the city declares that the limitation is a regulatory licensing provision and not a criminal offense. The city has not provided a criminal penalty for a violation of the nudity limitation. The city adopts such a limitation only as a condition of issuance and maintenance of an adult oriented business permit issued pursuant to the city code.
16. The city council finds that preventing the exchange of money between entertainers and patrons also reduces the likelihood of drug and sex transactions occurring in adult oriented businesses.
17. Requiring separations between entertainers and patrons reduces the likelihood that such persons will negotiate narcotics sales and/or transact sexual favors within the adult oriented business.
18. Enclosed or concealed booths and dimly lit areas within adult oriented businesses greatly increase the potential for misuse of the premises, including unlawful conduct of a type which facilitates transmission of disease. Requirements that all indoor areas be open to view by management at all times, and that adequate lighting be provided, are necessary in order to reduce the opportunity for, and therefore the incidence of, illegal conduct within adult oriented businesses, and to facilitate the inspection of the interior of the premises thereof by law enforcement personnel.
(C) Included Establishments: Establishment of an adult oriented business, as used herein, shall mean and include any of the following:
1. The opening or commencement of any adult oriented business as a new business;
2. The conversion of an existing business, whether or not an adult oriented business, to any "adult oriented business", as defined in subsection (D) of this section;
3. The addition of any of the adult oriented businesses, as defined in subsection (D) of this section, to any other existing adult oriented business; or
4. The relocation of any such adult oriented business.
(D) Definitions:
ADULT ORIENTED BUSINESS: Any of the following:
Adult Arcade: An establishment where, for any form of consideration, one or more still or motion picture projectors, video cassettes or other similar image producing devices are maintained to show images for viewing by five (5) or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions, twenty five percent (25%) 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 sells or rents books, magazines, periodicals or other printed matter, photographs, films, motion pictures, slides, tapes, video cassettes, records, or any other form of visual or audio representation, twenty five percent (25%) 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 Cabaret: A nightclub, bar, restaurant or similar business establishment which: 1) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or 2) which regularly features persons who appear seminude; and/or 3) shows films, computer generated images, motion pictures, video cassettes, slides or other photographic reproduction, twenty five percent (25%) 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 Or Motel: A hotel or motel, or similar business establishment, offering public accommodations for any form of consideration which provides patrons with close circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions, thirty percent (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 Motion Picture Theater: A business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photogenic reproductions are shown, and twenty five percent (25%) or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or anatomical areas.
Adult Newsstands:1.Any coin operated machine or device that dispenses material substantially devoted to the depiction of specified sexual activities or anatomical areas.
2.Any shelf, countertop or rack, indoor or outdoor, used for displaying for sale, rental or other use to the public, magazines, newspapers, video cassettes or other periodicals substantially devoted to the depiction of specified activities or anatomical areas where twenty five percent (25%) of the area is devoted to said uses in nonadult businesses. This does not apply to interior display fixtures in approved adult entertainment businesses.
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.
Modeling Studio: A business which provides for pecuniary compensation, monetary or other consideration, hire or reward, figure models who for the purposes of sexual simulation 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 board of education. "Modeling studio" further does not include a studio or similar facility owned, operated or maintained by an individual artist or group and which does not provide, permit or make available "specified sexual activities".
CHURCH: An institution that people regularly attend to participate in or hold religious services, meetings or other activities. The term "church" shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held.
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON: Means and refers 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 whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City Of Covina, 115 Cal. App.3 151 (1981).
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 emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two (2) or more occasions within a thirty (30) day period; or four (4) or more occasions within a one hundred eighty (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 daycare 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.
SEMINUDE: 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: Means and includes any of the following:
1. Less than completely and opaquely covered human: a) genitals or pubic region; b) buttocks; and c) female breasts below a point immediately above the top of the areola;
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered;
3. Any device, costume or covering that simulates any of the body parts included in subsection 1 or 2 of this definition.
SPECIFIED SEXUAL ACTIVITIES: Means and includes any of the following, whether performed directly or indirectly through clothing or other covering:
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;
4. Excretory functions as part of or in connection with any of the other activities described in subsections 1 through 3 of this definition.
(E) General Provisions: Adult oriented businesses may be permitted in compliance with the provisions of this section where the land use designation of the general plan for the subject property is "industrial" and where the zone district in which the subject property is located is "industrial", subject to the limitations and design standards specified within said zone districts in accordance with the provision of this section.
(F) Development Standards:
1. Minimum Proximity Requirements: The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property upon which the proposed land use is to be located to the nearest point of the property from which the proposed land use is to be separated.
2. Minimum Distance: Adult oriented businesses shall not be established or conducted within:
(a) One thousand feet (1,000') of any residential use;
(b) One thousand feet (1,000') of any funeral parlor, mortuary or similar facility;
(c) One thousand feet (1,000') of a public or private school for minors;
(d) One thousand feet (1,000') of a licensed daycare facility for minors;
(e) One thousand feet (1,000') of a church, synagogue or other place of worship;
(f) One thousand feet (1,000') from any other adult entertainment business; and
(g) One thousand feet (1,000') from any publicly used facility, such as parks, libraries, or any civic buildings; however, this subsection shall not apply to such uses as public utility facilities, such as the Taft-Kern County Airport, utility plants and similar uses.
3. Exterior Display: No adult entertainment business shall be operated in a way that permits observation of material depicting or describing "specified anatomical areas" or "specified sexual activities", as defined in this chapter, from any location outside of the building in which an adult entertainment business is operating.
4. Advertising; Displays: Advertising structures, advertisements, displays or other promotional material depicting "specified anatomical areas" or "specified sexual activities", or displaying of instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities" shall not be visible from the outside of a building. Further, no building shall be painted in garish colors or such other fashion that will effectuate the same purpose as a sign.
5. Openings, Windows: All building openings, entries and windows for adult oriented businesses shall be located, covered or screened in a manner to prevent a view onto the interior from any exterior public or semipublic area.
6. Loudspeakers: No loudspeakers or sound equipment shall be used for adult oriented businesses that can be discerned by the public from public and/or semipublic areas.
(G) Interior Signage: An interior sign, with a minimum surface area of four (4) square feet, shall be posted in a prominent location inside the adult entertainment business, stating, in English and Spanish as follows:
Penal Code section 314 (Indecent Exposures; Exhibitions; Penalty.) Every person who willfully and lewdly, either:
a. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or
b. Procures, counsels, or assists any person to expose himself or take part in any model artist exhibition, to make any other exhibition of himself to public view, to view any number of persons engaged in actions deemed an offense to decency, or be adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor.
(H) Operational Requirements:
1. Activities Conducted Indoor: All activities pertaining to the operation of an adult entertainment business shall be conducted inside the walls of the proposed building and shall be out of sight and sound from any location outside the building. This shall not apply to approved outdoor signage, for the purpose of notifying potential customers of the business.
2. Location Of Image Producing Machines: Within the adult entertainment business, all image producing devices shall be located so that the machines are open to view from any side and are without obstructions or separations that would block from open sight, any patrons using said machines.
3. Supervision: A responsible adult shall be present on the premises at all times and shall observe and supervise the use of all image producing devices and all areas of the business available to public access. Adult entertainment businesses containing over forty (40) image producing machines shall require the presence of two (2) responsible adults to observe and supervise all areas of the business available to public access.
4. Facility Design Requirements: All adult entertainment businesses, other than such businesses that are established as a tenant within an industrially zoned center containing multiple tenants, shall be designed and constructed to blend into, and appear as an integral part of, the built environment that characterizes the surrounding area.
5. Exclusion Of Minors: Access to any adult entertainment business by a minor shall be prohibited. A sign shall be posted on all entrances restricting inclusion or entrance of minors. No minors shall be employed by any adult entertainment business nor permitted entrance into the premises.
6. Minimum Lighting: No person shall operate an adult entertainment business, excluding adult motion picture theaters, unless a light level of not less than two (2) foot- candles at floor level is maintained in every portion of said establishment to which the public is admitted.
7. Maximum Occupancy Load: No person shall operate an adult entertainment business in which the number of persons in any room or partitioned portion of a room where an image producing device is located exceeds one person per thirty (30) square feet. The maximum occupancy permitted in any room or partitioned portion of a room in which any image producing device is located shall be conspicuously posted by the operator and shall remain posted at the entrance of said room.
8. Maximum Number Of Devices: No person shall operate an adult entertainment business in which the number of image producing devices exceeds the maximum occupancy load permitted in any room or partitioned portion of a room in which an image producing device is located.
9. Free Access To Law Enforcement, Fire, Health And Safety Personnel, City Inspectors: No person shall deny access to an adult entertainment business for the purpose of a reasonable inspection to enforce compliance with building, fire, electrical, health or plumbing regulations, or California state law.
10. Other Remedies: The provisions of this subsection are to be constructed as added remedies not in conflict with or derogation of any other actions or proceedings or remedies otherwise provided by law.
(I) Nonconforming Establishments:
1. Legal Nonconforming Use: Any adult entertainment business establishment and conducted as a lawful business and a lawful use at the time this section became effective, has been in continuous operation since that time, and is not in conformance with the requirements of this title, shall be recognized as a legal nonconforming use.
2. Enlargement, Change Of Use: Any nonconforming adult entertainment use shall not be enlarged or changed by any of the following means, unless such a change will bring the business into full compliance with the requirements of this section:
(a) Increase in the size of the floor area or use area of a building or portion of a building in which the business is located;
(b) Use of an adjacent building in whole or part, whether on the same lot or an adjacent lot;
(c) Conversion of an existing adult entertainment business to any other adult entertainment business; and
(d) Addition of another adult entertainment business to an existing adult entertainment business.
3. Nonconformance With Distance Requirements: The establishment of any land use specified in subsection (F)2 of this section, within the prescribed distances to an existing adult oriented business, shall not, by establishment of that land use, require the removal of the adult oriented business; provided, that the adult oriented business is a legal use or a legal nonconforming use and is in conformance with all provision of this section and other applicable ordinances and statutes.
(J) Amortization Of Nonconforming Adult Oriented Business Uses: Any use of real property existing on the effective date hereof, which does not conform to the provisions of this chapter, but which was constructed, operated and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued for ten (10) years after the effective date hereof. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved by the city council in accordance with the provisions of this section.
1. 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 status of such use.
2. Amortization Of 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 this section, shall be terminated within ten (10) years following the date of annexation unless an extension of time has been approved by the city in accordance with the provisions of this section.
(K) Extension Of Time For Termination Of Nonconforming Use: The owner or operator of a nonconforming use as described in this section may apply under the provisions of this section to the city council for an extension of time within which to terminate the nonconforming use.
1. Time And Manner Of Application: An application for a time extension within which to terminate a use made nonconforming by the provisions of this section may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the planning department at least ninety (90) days but not more than one hundred eighty (180) days prior to the time in which to terminate such use.
2. Content Of Application; Fees: The application shall state the ground 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.
3. Hearing Procedure: The city manager shall appoint a hearing officer to hear the application. The hearing officer shall set the matter for hearing within forty five (45) days of receipt of the application. All parties involved shall have the right to offer testimonial, 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 area 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 witness. The hearing officer's decision shall be final and subject to judicial review pursuant to Code Of Civil Procedure section 1094.6.
4. Approval Of Extension; 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 hearing officer makes all of the following findings or such other findings as are required by law:
(a) 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 or structure cannot be readily converted to another use; and such investment was made prior to the effective date hereof;
(b) The applicant will be unable to recoup said investment as of the date established for termination of the use; and
(c) The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with the provisions of this section.
(L) Regulations Nonexclusive:
1. Permitting Violations: Nothing in this section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinances or statute of the state of California regarding public nuisance, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or public display thereof.
2. Nonexclusive: The regulations set forth in this section are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of adult entertainment establishments set forth elsewhere in applicable ordinances.
(M) Display Of Harmful Material To Minors Prohibited:
1. Public Displays: It shall be unlawful to display, cause to be displayed or permit to be displayed for commercial purposes, any harmful matter in any public place, except for a public place from which minors are excluded.
2. Blinder Racks: Harmful matter is not considered to be displayed if it is located in an area that places such material reasonably beyond the reach of a minor and a device, commonly known as a blinder rack, is placed in front of such harmful matter.
3. Video Recordings: Any person who sells or rents video recordings containing harmful matter shall comply with Penal Code section 313.1.(e) which requires the creation of a separate area within a business establishment for the placement of such video recordings for display of any material advertising the sale or rental of such video recordings. Additionally, any harmful matter, placed or displayed in that separate area, must be obscured by a blinder rack if the harmful matter can be viewed by any persons outside that area.
4. Newsracks: Any newsrack, which offers harmful matter for sale, must place a blinder rack in front of such harmful matter so as to obscure the lower two-thirds (2/3) of the material displaying said harmful matter. For purposes of this subsection, a wrapper which obscures the lower two-thirds (2/3) of the material and which is fastened securely to the material may be used in lieu of a blinder rack. (Ord. 768-08, 8-19-2008)