Chapter 88-12 — ADULT ENTERTAINMENT BUSINESSES

Adult entertainment businesses, because of their 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. Regulation of the location of these businesses is necessary to insure that their adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of this chapter is to prevent the concentration or clustering of these businesses in any one area.

(Ord. 81-6 § 1).

Article 88-12.4. Definitions

Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this article for the purposes of this chapter.

(Ord. 81-6 § 1).

"Adult entertainment businesses" are defined as follows:

(1)

Adult Bookstore. An "adult bookstore" is an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals 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 materials.

(2)

Adult Motion Picture Theater. An "adult motion picture theater" is an enclosed building with a capacity of fifty or more persons used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

(3)

Adult Mini Motion Picture Theater. An "adult mini motion picture theater" is an enclosed building with a capacity for less than fifty persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

(4)

Adult Hotel or Motel. An "adult hotel or motel" is 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.

(5)

Adult Motion Picture Arcade. An "adult motion picture arcade" is 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 five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

(6)

Cabaret. "Cabaret" is 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.

(7)

Massage Parlor. "Massage parlor" is any establishment licensed as a massage parlor pursuant to Chapter 518-2 where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs.

(8)

Model Studio. "Model studio" is 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.

(9)

Sexual Encounter Center. "Sexual encounter center" is 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.

(10)

Other. 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.

(Ord. 81-6 § 1).

88-12.406 - Specified sexual activities.

"Specified sexual activities" are defined as follows:

(1)

Actual or simulated sexual intercourse, oral copulation, and intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

(2)

Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

(3)

Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

(4)

Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

(5)

Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

(6)

Erotic or lewd touching, fondling or other contact with an animal by a human being; or

(7)

Human excretion, urination, menstruation, vaginal or anal irrigation.

(Ord. 81-6 § 1).

88-12.408 - Specified anatomical areas.

"Specified anatomical areas" are defined as follows:

(1)

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

(2)

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

(Ord. 81-6 § 1).

Article 88-12.6. Location

In land use zoning districts where the adult entertainment businesses regulated by this chapter would otherwise be permitted uses, it shall be unlawful to establish any such adult entertainment business if the location is:

(1)

Within five hundred feet of any area zoned for residential use; or

(2)

Within one thousand feet of any other "adult entertainment" business; or

(3)

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

(Ord. 81-6 § 1).

For the purposes of this article, the establishment of any adult entertainment business includes the opening of such a business as a new business, the relocation of such business, or the conversion of an existing business location to any adult entertainment business use.

(Ord. 81-6 § 1).

Article 88-12.8. Variance

Land use permits to modify the location provisions contained in Article 88-12.6 may be granted in accordance with Chapters 26-2 and 82-6. To the extent applicable, the planning agency, before granting any permit, shall make the finding required by Section 26-2.2008.

(Ord. 81-6 § 1).

Chapter 88-14 - OIL AND GAS DRILLING AND PRODUCTION

Article 88-14.2. General

The purpose of this chapter is to assure that oil and gas drilling and production activity is developed to be compatible with existing and planned surface uses. This chapter also seeks to assure maintenance of public health standards and protection of natural resources and public facilities. To this end, the following provisions are intended to establish reasonable regulation of oil and gas drilling and production activity.

(Ord. 86-61 § 5).

This chapter provides review procedures of oil and gas drilling and production activity for all land use districts except the Planned Unit Development (P-1) district, which is subject to review procedures described in Chapter 84-66.

(Ord. 86-61 § 5).

As used in this code, unless the context otherwise requires, the following words and phrases shall have the meanings given in this section:

(1)

"Material alterations" means substantive modifications in the design or operation of an existing well, limited to installation of new compressor units, installation of oil storage or water condensation tanks, or installation of subsurface injection equipment to enhance natural flow of mineral resources.

(2)

"Oil and gas drilling and production activity" means all activities related to the exploration for and recovery of subsurface oil or gas deposits. This phrase excludes exploration methods not involving subsurface drilling activity.

(3)

"Urban land use designation" means those collective areas shown on land use element maps of the county general plan which are planned for either residential, commercial, industrial, office, country estate, interim agriculture or similar uses.

(Ord. 86-61 § 5).

Article 88-14.4. Uses

Oil and gas drilling and production activity is allowed within the Light Agricultural (A-1), General Agricultural (A-2), Heavy Agricultural (A-3), Agricultural Preserve (A-4) and Exclusive Agricultural (A-20, A-40, and A-80) land use districts subject to the administrative review and approval of the zoning administrator, provided the subject parcel is not located in any of the following areas:

(1)

Within one thousand feet of a city boundary;

(2)

Within an urban land use designation;

(3)

Within one thousand feet of an urban land use designation.

New oil and gas drilling and production activity may not commence, and material alterations to existing oil and gas wells may not be installed, until the zoning administrator certifies that the project site is located in a permitted use area and issues a permit. The zoning administrator shall impose conditions on permitted activity to assure maintenance of public health standards, protection of natural resources and public facilities, and compatibility with adjoining uses. Permits are valid for one year from the date of issuance. Failure, neglect or refusal to exercise a permit within one year from the date of issuance shall automatically cause the same to become null and void.

(Ord. 86-61 § 5).

New oil and gas drilling and production activity and material alterations to existing oil and gas wells are permitted on the issuance of a land use permit in the following districts:

(1)

Within the Light Agricultural (A-1), General Agricultural (A-2), Heavy Agricultural (A-3), Agricultural Preserve (A-4) and Exclusive Agricultural (A-20, A-40 and A-80) land use districts and within one or more of the areas enumerated in Section 88-14.402(1) through (3);

(2)

Within any land use district not listed in Section 88-14.402, except the Planned Unit Development (P-1) district.

(Ord. 86-61 § 5).

Article 88-14.6. Land Use Permits and Administrative Review Permits

Land use permits for oil and gas drilling and production activity located in areas enumerated in Section 8814.404 may be granted in accordance with Chapters 26-2 and 82-6. Permits subject to administrative review and approval for allowed oil and gas drilling and production activity in locations described in Section 88-14.402 shall be issued through review procedures established by the board of supervisors.

(Ord. 86-61 § 5).

The board may from time to time, by resolution, issue regulations to establish administration, procedures, interpretations and policy direction for this chapter.

(Ord. 86-61 § 5).

Chapter 88-16 - TAKE-OUT FOOD ESTABLISHMENTS

The proliferation of trash, litter and sometimes garbage in areas surrounding take-out food establishments is unsightly, unhealthy and may have a negative effect on nearby property values. While proprietors of such businesses cannot be expected to control the conduct of their customers, they profit from the patronage of such customers, and they have the ability to pass through the costs of clean-up necessitated by illegal disposal of trash, litter and garbage originating from their businesses. It is therefore the intent of the board to impose upon the proprietors of such take-out food establishments, joint responsibility for the proper disposal of trash, litter and garbage originating from their business establishments.

(Ord. 89-5 § 2).

"Take-out food establishment" means and includes any business selling perishable food and/or beverages in disposable containers or wrapping for consumption off the premises. A business falling under the definition of "take-out food establishment" is a take-out food establishment for purposes of this chapter even if the take-out food aspect of the business amounts to only a small portion of the business' total income or sales activity. The term "take-out food establishment" includes fast food restaurants. It does not

include food markets or stores selling food and beverage only in manufacturer prepackaged and sealed containers or wrapping, or requiring cooking or other preparation prior to consumption.

(Ord. 89-5 § 2).

No person shall establish, maintain or operate a take-out food establishment without obtaining a land use permit therefor pursuant to the provisions of this chapter.

(Ord. 89-5 § 2).

A land use permit to operate a take-out food establishment shall require the permittee and operator of the takeout food establishment to comply with the following conditions of approval:

(1)

At least three times a week, pick up and properly dispose of trash, litter and garbage originating from such take-out food establishment, deposited on public property within four hundred feet of any boundary of the premises on which such take-out food establishment is located.

(2)

Upon the request of any owner of private property located within four hundred feet of any boundary of the premises on which the take-out food establishment is located, at least three times a week, pick up and properly dispose of trash, litter and garbage originating from such take-out food establishment, deposited on such private property visible from a public street.

(Ord. 89-5 § 2).

88-16.010 - Security.

(a)

Required. A cash deposit, letter of credit or corporate surety bond shall be deposited at all times to ensure compliance with the conditions required by this chapter.

(b)

Form. A corporate surety bond shall be in a form approved by the county counsel. An instrument of credit shall be in a form approved by the county counsel, from a financial institution regulated by the state or federal government pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment on demand and agreeing that the funds designated by the instrument shall become trust funds for the purposes set forth in the instrument.

(c)

Amount. The amount of the security shall be determined by the zoning administrator and shall be in an amount sufficient to pay for the pick-up and disposal of trash, litter and garbage required by Section 8816.006 approximately fifteen times. Should the amount of the security deposited fall below the amount required to be deposited, the difference shall be deposited forthwith so that at all times the county has access to the amount of security required by this section.

(d)

Performance Bond—Notice of Default. When the security deposited is in the form of a surety bond, and the director of community development finds that a default has occurred in the performance of any term or condition imposed pursuant to this chapter, the director of community development shall give written notice thereof to the principal and surety on the bond, stating the work to be done, its estimated cost, and the period of time reasonably necessary to perform the condition.

(e)

Performance Bond—Duty of Surety. After receiving a notice of default, the surety shall have the required work performed within the time specified in the notice.

(f)

Other Security—Notice of Default. Whenever the instrument deposited is in the form of a cash deposit or instrument of credit, and the director of community development finds that a default has occurred in the performance of any term or condition imposed pursuant to this chapter, the director of community development shall give written notice to the principal of those matters set forth in subsection (d) of this section. If the principal does not comply with the notice within the specified time, the director of community development may use any deposited cash to have the work done by contract or other means discretionary with the director of community development, or if the security is in the form of an instrument of credit, the director of community development may demand immediate payment of the necessary funds from the financial institution, and use the funds as the director would a cash deposit.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 89-5 § 2).

Upon a showing of good cause relating to the physical situation of the take-out food establishment, the zoning administrator may modify the requirements imposed by Section 88-16.008, provided such modified requirements are consistent with the intent of this chapter.

(Ord. 89-5 § 2).

The requirements of this chapter are in addition to all other requirements imposed by law. Compliance with this chapter does not authorize the establishment, maintenance or operation of a take-out food

establishment without complying with all other applicable requirements of this title and code on the establishment, maintenance or operation of such business.

(Ord. 89-5 § 2).

In addition to any other remedy available under the law, a violation of any requirement of this chapter, or any condition imposed pursuant to this chapter, is also enforceable pursuant to the provisions of Sections 26-2.2020 through 26-2.2030, inclusive.

(Ord. 89-5 § 2).

Chapter 88-18 - OFFSITE VESSEL ADVERTISING[[17]]

Article 88-18.2. General Provisions

Footnotes:

--- ( 17 ) ---

For additional sign provisions, seee Chapters 88-6, 88-8, and 88-9, this code. For additional vessel provisions, see Division 410, this code.

This chapter shall be known as the Offsite Vessel Advertising Ordinance of Contra Costa County.

(Ord. 2001-23 § 2).

The board of supervisors finds as follows:

(a)

Billboards and other offsite commercial signs on vessels on waters within the jurisdiction of the county cause visual blight, are distracting, create significant safety hazards to pedestrians and motorists, and reduce the value of waters within the jurisdiction of the county as a public attraction, because billboards and other offsite commercial signs tend to be frequently changed, are specifically and primarily intended to attract the public's attention, and do not enhance the natural beauty or scenery of waters within the jurisdiction of the county.

(b)

Onsite commercial signs on vessels on waters within the jurisdiction of the county, including signs identifying commercial shipping, industrial harbor watercraft, and tourist, passenger, and fishing vessels, or their services, goods, or commodities, are much less distracting, cause much less visual blight, and create significantly fewer safety hazards to pedestrians, motorists and boaters than do billboards and other offsite commercial signs, because onsite commercial signs are not changed frequently and often are used primarily for identification rather than to attract the public's attention.

(c)

Recreational and competitive sailing on sailboats on waters with the jurisdiction of the county enhance the public's recreational use and enjoyment of waters within the jurisdiction of the county, and promote the economic vitality of the county. Offsite commercial signs displayed on the hulls or sails of sailboats on waters within the jurisdiction of the county, including signs relating to commercial sponsorship, do not cause visual blight or create significant safety hazards to pedestrians and motorists, because sailboats that display offsite commercial signs on their hulls or sails tend to do so only incidentally, remain aesthetically pleasing and thus enhance the natural beauty and scenery of waters within the jurisdiction of the county and promote recreational uses of those waters.

(d)

By adopting this ordinance, the board of supervisors does not intend to and is not regulating shipping or other activities on waters within the jurisdiction of the county to the extent that state or federal laws or regulations, including the Shipping Act of 1984 (46 U.S.C. § 1701 et seq)., preempt such regulation.

(Ord. 2001-23 § 2).

The purpose of this chapter is to regulate the display of billboards and other offsite commercial signs on vessels on waters within the jurisdiction of the county in order to protect and enhance the aesthetic value, natural beauty and scenery of waters within the jurisdiction of the county, reduce visual blight, reduce safety hazards to pedestrians, motorists and boaters, protect and enhance the value of waters within the jurisdiction of the county as a public attraction, and promote recreational uses of waters within the jurisdiction of the county. [Harbors and Navigation Code section 660.]

(Ord. 200 1-23 § 2).

Article 88-18.4. Definitions

For purposes of this chapter, "onsite sign" means (1) a sign which identifies or advertises a business, good, commodity, service, industry, or other activity which is sold, offered, or conducted, other than incidentally, on the vessel upon which the sign is displayed; or (2) a sign which identifies or advertises a good or commodity that is being transported on the vessel or identifies or advertises a container in which a good or commodity is being transported on the vessel, where the sign is displayed on the good, commodity or container.

(Ord. 200 1-23 § 2).

For purposes of this chapter, "offsite sign" means a sign which identifies or advertis~s a business, good, commodity, service, industry, or other activity which is sold, offered, or conducted off the vessel upon which the sign is displayed, or which is sold, offered, or conducted on such vessel incidentally, if at all.

(Ord. 2001-23 § 2).

For purposes of this chapter, "sailboat" means any watercrafl designed to be and capable of being propelled solely by wind power.

(Ord. 2001-23 § 2).

88-18.408 - Sign.

For purposes of this chapter, "sign" means any structure or surface or a device or arrangement attached to or painted or represented upon a structure or surface which is displayed on any vessel and which attracts or is intended to attract attention to an object, product, place, activity, person, institution, organization or business, or which displays or includes a letter, work, model, figure, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of an announcement, direction, advertisement, declaration or illustration.

(Ord. 2001-23 § 2).

For purposes of this chapter, "vessel" means every description of watercraft used or capable of being used as a means of transportation on water, including, but not limited to, motorized, towed, or sailing watercraft such as ships, boats, tugboats, barges and sailboats, but not including aircraft.

(Ord. 2001-23 § 2).

Article 88-18.6. Prohibition and Exemptions

88-18.602 - Prohibition.

No offsite sign may be displayed on the outside of any vessel on any waters within the jurisdiction of the county.

(Ord. 2001-23 § 2).

The prohibition in this chapter shall not apply to:

(a)

Any onsite sign displayed on a vessel; or

(b)

Any sign displayed on the hull or sails of a sailboat, provided that the sails are designed, and are being used, primarily for the propulsion of the sailboat.

(Ord. 2001-23 § 2).

Chapter 88-20 - RESERVED

Editor's note— Ord. No. 2024-06, § 3, adopted March 5, 2024, repealed Chapter 88-20 in its entirety, which pertained to Agricultural farm stands and farm markets and derived from Ord. 2007-23 § 2.