Colfax Municipal Code Ch. 17.128 Adult (sex)-Oriented Entertainment Businesses

The council finds that sex-oriented entertainment businesses, because of their very nature, are recognized as having objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. The special regulation of such businesses is necessary to insure that such adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of the regulation is to prevent the concentration or clustering of such businesses in any one area.

(Ord. No. 519, 8-8-2012)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as set forth in this section.

"Cabaret" means a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

"Massage parlor" means an establishment where, for any form of consideration or gratuity, massages, alcohol rubs, the administration of fomentations, electric or magnetic treatments or any other treatment or manipulation of the human body occurs, other than medical or therapeutic treatments by persons licensed by the state to administer such treatments.

"Model studio" means any business where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity.

"Sex-oriented book/novelty store" means an establishment having as a portion of its stock-in-trade exposed books, magazines and other periodicals or novelty item which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material or novelty item.

"Sex-oriented entertainment business" means any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. "Sex-oriented hotel or motel" means a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

"Sex-oriented motion picture arcade" means any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to persons and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

"Sex-oriented motion picture theater" means an enclosed or unenclosed building or structure or portion thereof, used for presenting materials distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons in such theater.

"Sexual encounter center" means any business, agency or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

"Specified sexual activities" means and includes:

1. Human genitals in a state of sexual stimulation or arousal;

2. Acts of human masturbation, sexual intercourse or sodomy;

3. Fondling or other erotic touching or sexual stimulation of human genitals, pubic regions, buttocks or female breasts.

"Specified anatomical areas" means and includes:

1. Less than completely and opaquely covered:

a. Human genitals or pubic regions;

b. Buttocks; and

c. Female breasts below a point immediately above the top of the areola; and

3. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(Ord. No. 519, 8-8-2012)

A. In those land use districts where the sex-oriented entertainment businesses regulated by this chapter would otherwise be permitted pursuant to Article III, it is unlawful to establish any such sex-oriented entertainment business if the location is:

1. Within one-thousand hundred (1,000) feet of any area zoned for residential use or mixed-used property with residential use included;

2. Within one thousand (1,000) feet of any other sex-oriented entertainment business; or

3. Within one thousand (1,000) feet of any public or private school, park, playground, public building, church, noncommercial establishment operated by a bona fide religious organization or any establishment likely to be frequented by minors.

B. The establishment of any sex-oriented entertainment business 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 sex-oriented entertainment business use.

(Ord. No. 519, 8-8-2012)

Business establishments which sell magazines, videos or books depicting, describing or relating to specified sexual activities or specified anatomical areas and which are located in a general business district may only display such items if done so in a manner where only the title of the publication is exposed or visible.

(Ord. No. 519, 8-8-2012)

Any property owner or his or her authorized agent may apply to the planning commission for a waiver of any locational provisions as set forth in Section 17.128.030 of this chapter. The planning commission, after a hearing, may waive any locational provision if the following findings are made:

A. That the proposed use will not be contrary to the public interests or injurious to nearby properties and that the spirit and intent of this chapter will be observed;

B. That the proposed use will not enlarge or encourage the development of a "skid row" area;

C. That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation, nor will it interfere with any program of urban renewal; and

D. That all the applicable regulations of this code will be observed.

(Ord. No. 519, 8-8-2012)

Notwithstanding any other provision of this title original jurisdiction to hear applications for waivers pursuant to this chapter is vested in the planning commission. The procedure for such hearing shall be the same as that provided for in this title for the issuance of conditional use permits by the planning commission, including the same notice requirements, the same right of appeal to the council and the same fees payable by the applicant.

(Ord. No. 519, 8-8-2012)

Notwithstanding any other provision of this code, a conditional use permit shall be required for the establishment of a sex-oriented entertainment business in any district. Such requirement shall be for the purpose of establishing conditions found to be reasonably necessary to prevent incompatibility or conflicts with other land uses in the immediate vicinity of the proposed business. Applications for such conditional use permits shall be heard by the planning commission.

(Ord. No. 519, 8-8-2012)

In addition to the notification procedure in Section 17.40.020, notice of a permit application for an adult (sex)-oriented entertainment business shall be provided to all property owners within one thousand (1,000) feet of the proposed use.

(Ord. No. 519, 8-8-2012)