Chapter 4-40 — ADULT-ORIENTED BUSINESS REGULATIONS

Sections:

Sec. 4-40-010. Purpose. Sec. 4-40-020. Applicability. Sec. 4-40-030. Location Requirements.

• A. It is the intent of this Chapter to prevent community wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods that can be brought about by the concentration of adult-oriented businesses in close proximity to each other, or in proximity to other incompatible uses such as schools for minors, religious facilities, and residential zoning districts or uses.

• B. The Council finds that it has been demonstrated in various communities that the concentration of adult-oriented 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-oriented businesses or their close proximity to incompatible uses, while permitting the location of adult-oriented businesses in certain areas.

• C. It is the purpose of this Chapter to regulate adult-oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the City. The provisions of this Chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. Similarly, it is not the intent nor effect of this Chapter to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. Neither is it the intent nor effect of this Chapter to condone or legitimize the distribution of obscene material.

• A. Regulatory permit required. It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City, the operation of an adult-oriented business unless the person first obtains and continues to maintain in full force and effect an Adult-Oriented Business Regulatory Permit from the City. The fact that an applicant possesses other types of state or City permits or licenses does not exempt the applicant from the requirement of obtaining an AdultOriented Business Regulatory Permit for each site/location.

• B. Performer permit required. It shall be unlawful for any persons to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an Adult-Oriented Business unless the person first obtains and continues in full force and effect an Adult-Oriented Business Performer Permit from the City.

Gustine Zoning and Subdivision Code

4-3

ARTICLE 4. STANDARDS FOR SPECIFIC LAND USES CHAPTER 4-40. ADULT-ORIENTED BUSINESS REGULATIONS Sec. 4-40-030. Location Requirements.

An adult-oriented business establishment shall be located only in a zoning district where allowed by Article 2 (Zoning Districts, Allowable Land Uses, and Permit Requirements), and only on a site that also complies with the following requirements.

• A. Separation from incompatible uses. An adult-oriented business establishment shall not be located within:

  1. 300 feet from any other adult-oriented business establishment;

  2. 500 feet from any religious facility;

  3. 500 feet from any school or other land use (for example, video game arcades, skating rinks, pizza parlors, etc.) accommodating or oriented to minors;

  4. 500 feet from any public park; or

  5. 300 feet from any residential zoning district or conforming residential use (i.e., mixed use project).

• B. Measurement of distance between uses. The required separation distance between an adult-oriented business establishment and any of the uses or areas listed in Subsection A. shall be measured in a straight line, from the closest points on the property lines of each site.