Del Mar Municipal Code Ch. 6.44 Adult Entertainment

A. Without first having obtained an Operations Permit: Adult Entertainment Establishment, it shall be unlawful for any person to operate an adult entertainment establishment.

B. It shall be unlawful for any person to operate an adult entertainment establishment in violation of any of the regulations contained in this Chapter.

(Ord. No. 425)

For purposes of this Chapter, adult entertainment establishment shall mean any commercial activity in which more than 15 percent of the total floor area of such commercial activity is utilized for one or more of the following:

A. The presentation of material which has as a substantial component of its theme, the depiction, illustration, or description of specified anatomical areas or specified sexual activities.

B. The presentation of a live performance which has as a substantial component of its presentation, the depiction, illustration, or description of specified anatomical areas or specified sexual activities.

C. The display or exposure of specified anatomical areas.

D. The display or exposure of specified sexual activities.

For purposes of this Chapter, "specified anatomical areas" shall mean:

A. Less than completely or opaquely covered human genitalia, pubic region, anus, mature buttocks, or mature female breasts below a point immediately above the top of the areola; or

B. Human male genitalia in a discernible turgid state, even if completely and opaquely covered.

For purposes of this Chapter, specified sexual activity shall mean:

A. The fondling or other erotic touching of human genitals, pubic region, anus, or female breasts.

B. Sex acts, either actual or simulated, including intercourse, oral copulation, sodomy, bestiality, necrophilia, or masturbation.

C. Sexually oriented torture, flagellation, or infliction of pain.

D. Human excretory functions.

The issuing authority for the Operations Permit: Adult Entertainment Establishment shall be the Planning Commission, after noticed public hearing.

An investigating fee and a permit fee shall be paid by the applicant in an amount fixed by resolution of the City Council.

The issuing authority shall grant the application for an Operations Permit: Adult Entertainment Establishment if the following standards have been satisfied:

A. The site of the activity will be within either the North Commercial Zone or the Central Commercial Zone.

B. The site of the activity shall be no closer than 1,200 feet from an existing site for which an Operations Permit: Adult Entertainment Establishment has been issued and is then currently in effect.

C. The site of the activity shall be no closer than 500 feet from any property then zoned for residential use.

D. The site of the activity shall be no closer than 600 feet from the site of the existing church, public playground, public park, public recreation area, or school.

E. The proposed site of the adult entertainment establishment complies with all requirements of the Municipal Code.

F. The presentation or display of specified anatomical areas and specified sexual activities shall be entirely within the adult entertainment establishment and positioned, covered, or screened in such a manner as to prevent a view of the specified anatomical areas or the specified sexual activities by a member of the public in a public or semi-public area, including without limitation, sidewalks, streets, arcades, hallways, or passageways.

G. The presentation or display of specified anatomical areas or specified sexual activities shall be positioned, covered, or screened in such a manner as to prevent an unwarned view by a member of the public within the adult entertainment establishment. There must be sufficient notice to allow members of the public to avoid viewing the specified anatomical areas or specified sexual activities.

The regulatory distances shall be measured as follows:

A. Commencing at the closest exterior structural wall of the proposed adult entertainment establishment or the closest property line if the adult entertainment establishment does not have an exterior structural wall; then

B. In a straight line;

C. To the closest exterior wall of an existing adult entertainment establishment or the closest property line of an adult entertainment establishment without an exterior structural wall, or to the closest property line of property zoned for residential use or being utilized for a church, public playground, public park, public recreation area, or school.

If the adult entertainment establishment involves the preview of films, cassettes, slides, or other visual depictions as part of its operation, sound proof booths or rooms shall be made available, at no charge, for use by customers who desire such preview. Each booth or room shall have:

A. One clear window, visible immediately upon entering the premises, covering not less than one-fourth of the wall area into which the window is set, which window shall not be covered or obscured in any manner when the booth or room is in use.

B. Sufficient seating to accommodate the expected number of persons who will occupy the booth or room at any one time.

C. The number of persons who shall occupy the booth or room at any one time shall be clearly stated on or near the door to the booth or room, and no more than the posted number shall be permitted inside the booth or room at any one time; and

D. The door or doors opening into such booth or room shall be incapable of being locked or otherwise fastened from the inside of such booth or room.

E. No more than 20 percent of the floor area of an adult entertainment establishment shall be used for soundproof booths or rooms.

The issuing authority shall provide notice of the decision to grant an application by publishing such notice in a newspaper of local circulation and posting the notice at City Hall.

In the event that the Constitution of the United States or the Constitution of California renders a particular adult business establishment exempt from the permit requirements of this Chapter, such exempt adult business establishment is nonetheless required to comply with the other regulations contained in this Chapter.