Chapter 154 — ZONING OF ADULT ENTERTAINMENT BUSINESSES

It is the intent of this chapter 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 entertainment 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 entertainment businesses causes 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 chapter to establish reasonable and uniform regulations to prevent the concentration of adult entertainment businesses or their close proximity to incompatible uses, while permitting the location of adult businesses in certain areas. (Ord. 2000-07, passed 6-26-00)

For the purpose of this chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.

ADULT ENTERTAINMENT BUSINESSES. Shall include any one of the following:

(1) ADULT ARCADE. An establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions, 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.

(2) ADULT BOOKSTORE. An establishment that has 30% or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, 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.

(3) ADULT CABARET. A nightclub, restaurant, or similar business establishment which:

(a) 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

(b) Shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions, 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.

(4) ADULT HOTEL/MOTEL. A hotel or motel or similar business establishment offering public accommodations for any form of consideration, which:

(a) Provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions, 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

(b) Rents, leases, or lets any room for less than a 6-hour period, or rents, leases, or lets any single room more than twice in a 24-hour period.

(5) ADULT MOTION PICTURE THEATER. A business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photograph reproductions are shown, 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.

(6) 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.

(7) 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. Shall mean and refer to the dominant or

essential theme of the object described by this 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. 3d 151 (1981))

ESTABLISHMENT OF AN ADULT ENTERTAINMENT BUSINESS. Shall mean and include any of the following:

(1) The opening or commencement of any adult entertainment business as a new business;

(2) The conversion of an existing business, whether or not an adult entertainment business, to any adult entertainment business defined herein;

(3) The addition of any of the adult entertainment businesses defined herein to any other existing adult entertainment business.

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 or more occasions within a 30-day period; three or more occasions within a 60-day period; or four or more occasions within a 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 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 vocation or professional institution of higher education, including a community or junior college, college, or university.

tion 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 vocation or professional institution of higher education, including a community or junior college, college, or university.

SEMI-NUDE. Means a state of dress in which clothing covers no more than the genitals, pubic regions, buttocks, areola of the female breast, as well as portions of the body covered by the supporting straps or devices. SPECIFIED ANATOMICAL AREAS. Shall mean and include any of the following:

(1) Less than completely and opaquely covered human genitals or pubic region; buttocks; and female breast below a point immediately above the top of the areola;

(2) Human male genitals in a discernible turgid state, even if completely and opaquely covered;

(3) Any device, costume, or covering that simulates any of the body parts included in (1) or (2) above. SPECIFIED SEXUAL ACTIVITIES. Shall mean and include 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 (1) through (3) above.

• (Ord. 2000-07, passed 6-26-00)

No adult entertainment business shall be established or located in any zone in the city other than Light Industrial (M1) Zone or Heavy Industrial (M 2) Zone without compliance with Title 11, Business Regulations, Chapter 118, Adult Entertainment Business Regulations, or within certain distances of certain specified land uses or zones as set forth below.

(A) No such business shall be established or located in any zone in the city other than Light Industrial (M-1) Zone or Heavy Industrial (M-2) Zone, or within 500 feet of any other adult entertainment business.

(B) No such business shall be established or located in any zone in the city other than Light Industrial (M-1) Zone or Heavy Industrial (M-2) Zone, or within 300 feet from any existing residential zone, park, church, and school.

(C) The distances set forth above shall be measured as a radius from the primary entrance of the adult business to the property lines of the property so zoned or used without regard to intervening structures.

(Ord. 2000-07, passed 6-26-00) Penalty, see § 10.99