The City of City of Tulare’s Zoning title requires that sexually oriented businesses shall be allowed only in a zone where such uses are specifically permitted (C-4, M-1, M-2 zones, sex oriented businesses as defined in § 10.172.020 of the Tulare Municipal Code), at the time of adoption of this title. Permits for sexually oriented businesses shall be required and governed by the procedures and policies specified in the City of Tulare Municipal Code. In addition, any sexually oriented business shall be subject to the following restrictions.
(A) The person commits a misdemeanor, if he or she operates or causes to be operated a sexually oriented business outside of the permitted zones.
(B) The person commits a misdemeanor if he or she operates or causes to be operated a sexually oriented business within 750 feet of:
(1) Any religious institution;
(2) Any school;
(3) The boundary of any City of Tulare residential district;
(4) A public park adjacent to any residential district; or
(5) A boys’ club, girls’ club or similar existing youth organization, or a public park or public building regularly frequented by children.
(C) A person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within 1,000 feet of another such business, which will include, any adult arcade, adult book store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor or any sexual encounter establishment.
(D) A person commits a misdemeanor if he causes or permits the operation, establishment or maintenance of more than one sexually oriented business within the same building, structure or portion thereof, or causes the substantial increase of floor areas of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.
(E) Nothing in this chapter prohibits the location of a sexually oriented business within a regional retail shopping mall which consists of no less than 250,000 square feet under one roof, and containing not less than 15 separate businesses under that same roof in any commercial or industrial zone wherein such sexually oriented business will have its only frontage upon enclosed malls or malls isolated from direct view from public streets, parks, schools, churches or residentially zoned property.
(1995 Code, § 10.172.050) (Ord. 00-1854, passed - -2000)