A. Definitions: As used in this section, the following words or terms have such meanings herein ascribed to them:
ADULT ORIENTED BUSINESSES: | Any one (1) of the following: |
Adult Arcade: | An establishment where, for any form of consideration, one (1) or more still or motion picture projectors, or similar machines, for viewing by five (5) or fewer persons each, are used to show films, computer generated images, motion pictures, videocassettes, 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 Bookstore: | An establishment that has thirty percent (30%) or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, videocassettes, slides, tapes, records or other form 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 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, videocassettes, 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 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, videocassettes, 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; and 2) rents, leases, or lets any room for less than a six (6) hour period, or rents, leases, or lets any single room more than twice in a twenty-four (24) hour period. |
Adult Motion Picture Theater: | A business establishment where, for any form of consideration, films, computer generated images, motion pictures, videocassettes, slides or similar photographic reproductions are shown, and 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 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 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 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". |
CHURCH: | A structure which is used primarily for religious worship and related religious activities. |
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON: | 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). |
ESTABLISHMENT OF AN ADULT ORIENTED BUSINESS: | 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 defined herein; 3. The addition of any of the adult oriented businesses defined herein to any other existing adult-oriented business; or 4. The relocation of any such adult oriented business. |
JUICE BAR (And Other Places Dispensing Food Or Drink): | Any food or beverage establishment where the persons owning or employed in the preparation or dispensation of such food or beverage appears before (or is discernable by) the patrons of such establishment as being nude, seminude or exhibiting the specified anatomical features, as described herein. |
REGULARLY FEATURES: | With respect to an adult theater or adult cabaret means 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 (2) or more occasions within a thirty (30) day period; three (3) or more occasions within a sixty (60) day period; or four (4) or more occasions within a one hundred eighty (180) day period, must 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. |
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. |
SPECIAL HEARING OFFICER: | The city manager of this city or his designee. |
SPECIFIED ANATOMICAL AREAS: | Any of the following: 1. Less than completely and opaquely covered human: a. Genitals or pubic region; b. Buttocks; and c. Female breast 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: | 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 breast; 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. |
B. Locational Criteria and Minimum Proximity Requirements: An adult oriented business may be established or located in the Mixed-Use Low zone of Industrial zone subject to certain distances of certain specified land uses or zones as set forth below:
1. No such business will be permitted within six hundred feet (600') of a public or private school for the academic education of children or minors under the age of eighteen (18) or a church.
2. No such business will be permitted within three hundred feet (300') of residentially zoned property or property used for residential purposes.
3. No such business will be permitted within three hundred feet (300') of premises selling alcoholic beverages.
4. No such business will be permitted within one thousand feet (1,000') of another such adult oriented business.
5. The distances set forth above will be measured from the external property boundaries of the property upon which the adult oriented business is located to the nearest property line or lines of the property so zoned or used without regard to intervening structures or parcels or rights-of-way.
6. The above locational criteria apply in all applicable zones, except Industrial zoned properties, south of Lower Azusa Road and east of Miller Drive.
7. The city council recognizes the constitutional limitation of completely barring such businesses from the entire city. In the event, a court of final resort finds that these regulations improperly limit the siting of such activities, then the council declares that if a court orders more siting locations, properties abutting the streets known as Las Tunas Drive and Temple City Boulevard must be the last areas to be opened for such activities.
C. Amortization Of Nonconforming Adult Oriented Business Uses: Any use of real property existing on the date of the acceptance of this section, which does not conform to the provisions of subsection D of this section, but which was constructed, operated, and maintained in compliance with all previous regulations, will be regarded as a nonconforming use which may be continued for three (3) years after the effective date hereof. On or before such date, all such nonconforming uses must be terminated unless an extension of time has been approved by the special hearing officer in accordance with the provisions of subsection F 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 will result in a loss of legal nonconforming status of such use.
2. 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 subsection D of this section will be terminated within one (1) year of the date of annexation unless an extension of time has been approved by the special hearing officer in accordance with the provisions of subsection F of this section.
D. Extension of Time for Termination of Nonconforming Use: The owner or operator of a nonconforming use as described in subsection E of this section may apply under the provisions of this subsection F to the special hearing officer for an extension of time within which to terminate the nonconforming use.
1. Time And Manner Of Application: An application for an extension of time within which to terminate a use made nonconforming by the provisions of subsection E 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 special hearing officer at least ninety (90) days but no more than one hundred eighty (180) days prior to the time established in subsection E of this section for termination of such use.
2. Content of Application; Fees: The application must state the grounds for requesting an extension of time. The filing fee for such application must 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. Special Hearing Procedure: The city manager will appoint a special hearing officer to hear such applications. The Hearing Officer will set the matter for hearing within fifteen (15) days of receipt of the application. All parties involved will have the right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and will 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 relying in the conduct of serious affairs. Any hearing under this subsection D may be continued for a reasonable time for the convenience of a party or a witness. The decision of the hearing officer will be final and subject to judicial review pursuant to Code of Civil Procedure section 1094.5 or 1094.6.
4. Approval of Extension; Findings: An extension under the provisions of this subsection F will be for a reasonable period of time commensurate with the investment involved, and will be approved only if the special 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 adoption of this chapter.
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 subsection D of this section. (Ord. 19-1036)