Chapter 8.44 — ADULT BUSINESS ESTABLISHMENT REGULATIONS

The purpose of this section is to establish comprehensive regulations applicable to the location of Adult Business Establishments in the City of Dublin. These regulations are in addition to all other provisions of this Title and apply to those land uses listed in Chapter 8.12, Zoning Districts And Allowable Uses Of Land, such as bookstores, motion picture theaters, etc. which, because of the emphasis or primary orientation of their stock-in-trade or services offered, constitute Adult Business Establishments as defined by this Title. In the event that the provisions of this section conflict with other applicable provisions of this Title, the provisions of this section shall prevail.

Intent. The City Council finds that Adult Business Establishments, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon adjacent areas. It is the intent of this Title that such businesses be regulated to ensure that the serious objectionable operational characteristics will not contribute to the blighting or downgrading of the surrounding neighborhoods and to prevent the concentration or clustering of Adult Business Establishments in any one area.

For definitions of Adult Business Establishments and terms used in this Section, please see Chapter 8.08, Definitions.

It shall be unlawful to establish an Adult Business Establishment as defined in this Title without first obtaining a Conditional Use Permit pursuant to Chapter 8.100, Conditional Use Permit.

• A. Procedures. The Conditional Use Permit procedures shall be followed except as otherwise stated in this Chapter.

B. No other use permit shall be required to operate an Adult Business Establishment.

C. Location Requirements and Regulations. The location requirements and regulations set forth in sections 8.44.050 and 8.44.060 below supersede the findings required for a Conditional Use Permit. Unless otherwise provided in this Chapter, it is required that all location requirements and regulations be met for a Conditional Use Permit for an Adult Business Establishment to be approved. These requirements and regulations shall be the only standards on which the Conditional Use Permit shall be based.

D. Narrow, objective and definite standards. In order to implement the Purpose and Intent of this Chapter, narrow, objective and definite standards shall be imposed in Sections 8.44.050 and 8.44.060 below, which are found to be reasonably necessary to prevent incompatibility and/or conflicts with other land uses in the immediate vicinity of the proposed Adult Business Establishment.

E. Conditionally permitted only in the C-1 and C-2 zoning districts. A Conditional Use Permit for an Adult Business Establishment may only be approved within the C-1 and C-2 zoning districts.

A. Application/Findings. Any property owner or his/her authorized agent may apply to the Planning Commission for a variance from Section 8.44.050, Location Requirements. The Planning Commission, after a public hearing, may issue a variance if the following findings are made:

1. The Applicant has met the findings required for variances from the Zoning Ordinance pursuant to Chapter 8.112, Variance.

2. The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this Title will be observed.

3. The proposed use will not enlarge or encourage the development of a blighted area with concentrations of Adult Business Establishments.

4. The establishment of an Adult Business Establishment shall be consistent with the General Plan and any applicable Specific Plans.

5. That all applicable provisions of state and local law will be observed.

B. Procedure. The procedure for obtaining and receiving a variance shall be the same as that provided in Chapter 8.112, Variance. However, if the Director of Community Development determines that such variance would impact a nearby residential area, public park, place of worship, or school beyond a 300 (three hundred) foot radius of the requested location, notice of such variance request shall be given to all property owners on the assessment rolls within a radius of 1000 (one thousand) feet of such requested location.

All Adult Business Establishments shall be located as follows:

• A. Distance from other uses. It shall be unlawful to cause or permit the establishment of any such Adult Business Establishment if the location is:

1. Within 500 feet of the boundary of any area zoned for residential use.

2. Within 1,000 feet of any other Adult Business Establishments.

3. Within 500 feet of any parcel that is the site of any public library or any public, private, or parochial school or preschool, public park, playground, public building or other public facility, place of worship, or any non-commercial establishment operated by a bona fide religious organization, or any establishment primarily intended to be used by minors.

B. Establishment of an Adult Business Establishment. The establishment of any Adult Business Establishment shall include the opening of such a business as a new business, the relocation of such a business, or the conversion of an existing business location to any Adult Business Establishment use.

C. Measure of distance. The distance between any two Adult Business Establishments shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of such Adult Business Establishment. The distance between any Adult Business Establishment and any area zoned for residential use, or any public library or any public, private, or parochial school or preschool, public park, playground, public building or other public facility, place of worship, or any non-commercial establishment operated by a bona fide religious organization, or any establishment likely to be used by minors, shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the Adult Business Establishment to the closest property line of the area zoned for residential use, or any public library or any public, private, or parochial school or preschool, public park, playground, public building or other public facility, place of worship, or any non-commercial establishment operated by a bona fide religious organization, or any establishment likely to be used by minors.

All Adult Business Establishments shall be regulated as follows:

A. Procedures. An application has been made in accordance with the procedures established in Chapter 8.100, Conditional Use Permit.

B. Requirements of Zoning Ordinance are met. All regulations of this Title set forth in Chapter 8.36, Development Regulations, and Chapter 8.76, Off-Street Parking and Loading Regulations, Chapter 8.72, Landscaping and Fencing Regulations, and Chapter 8.84, Sign Regulations, for uses in the C-1 or C-2 zone as applicable, are met.

C. Local and state laws. The building and lot on which an Adult Business Establishment is located shall comply with local and state laws regarding building security, occupancy, structural safety, and with all applicable building, plumbing and fire codes.

D. Consistency with the General Plan and applicable Specific Plans. The establishment of an Adult Business Establishment shall be consistent with the General Plan and any applicable Specific Plans.

E. Visibility. It shall be unlawful to maintain, operate or manage or permit to be maintained, operated or managed any Sex-oriented Motion Picture Arcade in which the viewing areas and openings to the viewing areas are not visible from a continuous main aisle or are obscured by a curtain, door, wall, or other enclosure. For purposes of this Section, viewing area means the area where a patron or customer would ordinarily be positioned while watching the film, performance, picture, program or show.

F. Occupancy of an individually partitioned viewing area or booth. It shall be unlawful for more than 1 person at a time to occupy an individually partitioned viewing area or booth.

G. Holes or Openings. It shall be unlawful to create, maintain or permit to be maintained any holes, or other openings between any 2 or more individual viewing areas or booths for the purpose of providing viewing or physical access between the individual viewing area or booth.

H. Visibility of interior of the establishment from the exterior. It shall be unlawful for the interior of an Adult Business Establishment to be visible from the exterior of the establishment.

I. Sex-oriented Materials in bathrooms. It shall be unlawful for Sex-oriented Materials to be permitted in bathrooms.

J. Separation. All live adult business entertainment shall take place in an area which is at least 6 feet from all members of the public and which is separated by a rail or other physical barrier designed to obstruct any contact between any entertainer and the public.

K. Illegal Activities. Illegal activities shall not knowingly be permitted to occur on the premises. All measures necessary to eliminate illegal activities on the premises shall be taken as soon as they are known to exist.

L. Inspection. All Adult Business Establishments shall permit law enforcement and code enforcement officers to inspect the premises at any time without advance notice during normal business hours.

M. Conduct. All Adult Business Establishments shall take all reasonable measures necessary to control patrons’ conduct resulting in disturbances, vandalism, criminal activity or crowd control problems occurring inside or outside the premises, traffic control problems, or creation of a public or private nuisance, or obstruction of the operation of another business.

N. Hours of Operation. Hours of operation may be designated by the Planning Commission as a condition of a Conditional Use Permit if it finds, based on substantial evidence, that there is a need for regulation of hours due to a specifically identified significant problem linked to the Adult Business Establishment that is the subject of the Conditional Use Permit. When regulating the hours of an Adult Business Establishment, the Planning Commission shall, whenever possible, designate hours which are consistent with the hours of operation of nearby businesses which are similar in nature. If shorter hours than those of nearby businesses are imposed, the need for such hours shall be identified by the Planning Commission, a finding shall be made that a less restrictive condition or requirement would not alleviate the problems imposed by the longer hours of operation of such establishment, and set forth the period of time after which the permit holder could seek review of the Planning Commission’s designation of the hours of operation of said establishment.

O. Public display of certain matter prohibited. All building openings, entries, and windows of Adult Business Establishments shall be located, covered, or screened in such a manner as to prevent a view into the interior from any public or semi-public area, including public sidewalks, streets, arcades, hallways, or passageways of any material which has as its primary or dominant theme matter depicting, illustrating, describing, or relating to Specified Anatomical Areas or Specified Sexual Activities as defined in this Title. Furthermore, such businesses shall not have signs, graphics, or window displays which in any way present, depict, illustrate, or describe such material when such material has as its purpose or effect sexual arousal, gratification, or affront.

P. Fees. All applicable fees required pursuant to Chapter 8.124, Applications, Fees and Deposits, shall have been paid.

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The Dublin Municipal Code is current through Ordinance 2-26, passed March 3, 2026.

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