Chapter 21.44 — ADULT ENTERTAINMENT BUSINESSES

The intent of these regulations is to prevent problems of blight and deterioration which can be brought about by the concentration of adult entertainment businesses in close proximity to incompatible uses such as schools, churches, parks, recreational centers, and residentially zoned districts or in proximity to other adult 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 can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of these regulations to establish reasonable and uniform regulations to prevent the concentration of adult business establishments or their proximity to incompatible uses, while permitting such adult business establishments in certain areas.

(Ord. 612 Exhibit A (part), 2008).

For the purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them in this section.

(1) "Adult entertainment business" means those businesses defined as follows:

(A) "Adult bookstore" means any establishment which has as a substantial or significant portion of its stock in trade:

(i) Books, films, magazines or other periodicals or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas, or

(ii) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

(B) "Adult cabaret" means any nightclub, theater, bar or other establishment which features live or media representations of performances by topless 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.

(C) "Adult entertainment establishment" means any establishment which is customarily open only to one or more classes of the public, excluding any minor under the age of eighteen years by reason of age.

(D) "Adult mini motion picture theater" means any enclosed or unenclosed building with a capacity of less than fifty persons used for presenting any form of audio or visual material and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(E) "Adult model studio" means any place where, for any form of consideration of 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.

(F) "Adult motel" means any motel or similar establishment offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(G) "Adult motion picture arcade" means any place to which the public is permitted or invited wherein coinoperated or slug-operated or electronically 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 depiction or description of specified sexual activities or specified anatomical areas.

d or slug-operated or electronically 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 depiction or description of specified sexual activities or specified anatomical areas.

(H) "Adult motion picture theater" means any enclosed or unenclosed building with a capacity of fifty or more persons used for presenting any form of audio or visual material and in which substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(I) "Adult theater" means a theater, concert hall, auditorium or other similar establishment, either indoor or outdoor in nature, which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.

(J) "Body painting studio" means any establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude or where specified anatomical areas are exposed.

(K) "Other adult entertainment businesses" means any other business or commercial establishment not defined in this section:

(i) Wherein, for any form of consideration, the establishment provides entertainment to patrons in which a substantial portion of the total presentation time is characterized by an emphasis on depicting, describing or relating to specified sexual activities or specified anatomical areas; and/or

(ii) Which devotes more than fifty percent of the total area used for display of its stock in trade to items, instruments and paraphernalia which are characterized by an emphasis on depicting, describing or relating to specified sexual activities.

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

• (3) "Establish" means and includes any of the following:

• (A) The opening or commencement of operation of any adult entertainment business; or

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

• (C) The relocation of any adult business; or

(D) The addition of any adult entertainment business to any existing adult entertainment business if the addition results in an enlargement of the place of business. For the purpose of this section, enlargement shall mean an increase in the size of the building within which the business is conducted by either construction or use of an adjacent building or portion thereof, which is located on the same or an adjacent lot or parcel of land.

(4) "Specified anatomical areas" means and includes any of the following:

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

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

• (5) "Specified sexual activities" include the following:

(A) Actual or simulated sexual intercourse, oral copulation, anal 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.

• (B) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence.

• (C) Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation.

• (D) Fondling or touching of nude human genitals, public region, buttocks or female breast.

• (E) Masochism, erotic or sexually oriented torture, beating or the infliction of pain.

• (F) Erotic or lewd touching, fondling or other contact with an animal by a human being.

• (G) Human excretion, urination, menstruation, vaginal or anal irrigation.

• (Ord. 612 Exhibit A (part), 2008).

(a) The establishment of an adult entertainment business requires zoning clearance approval in accordance with the standard application review procedures in Chapter 21.96. In addition to the findings required by Section 21.110.030 for the granting of a conditional use permit, the planning commission shall have the authority to deny a conditional use permit for an adult entertainment business if any of the following findings can be made:

(1) That information contained in the application or supplemental information requested from the applicant is false in any material detail.

• (2) That the proposed location of the business would not comply with the requirements of this chapter.

• (3) That the operation of the business is or would be in violation of any of the provisions herein.

• (4) That the premises where the adult entertainment business is or will be located does not comply with all

applicable laws including, but not limited to, the city's building, health, zoning, fire and property maintenance ordinances.

(5) That a permit to operate the adult entertainment establishment has been issued to the applicant, a partner of the applicant, or a stockholder of the applicant which stockholder owns more than ten percent of the applicant's corporate stock, which permit has been suspended and the period of suspension has not yet ended.

(b) The planning commission may place conditions on a conditional use permit to ensure compliance with these provisions and other sections of the Municipal Code.

(Ord. 612 Exhibit A (part), 2008).

An adult entertainment business shall not include:

(1) Establishment where sexual therapy is being conducted by a practitioner properly licensed by the state to conduct such activities.

(2) Figure studio or school of art, or similar establishment which meets the requirements established in the Education Code of the State of California for the issuance or conferring of, and is in fact authorized thereunder, to issue and confer a diploma.

(Ord. 612 Exhibit A (part), 2008).

To fulfill the purposes of this chapter and to avoid a concentration of adult entertainment business uses, adult entertainment businesses are permitted in the industrial (M-2) zoning district located south of Stage Road, east of Valley View Avenue, north of Artesia, and west of the Orange County border, subject to the following location

restrictions. For the purposes of this section, distance shall be measured as the shortest distance between two adult entertainment business structures or an adult entertainment business structure and the nearest property line of a residence, school, church, or community/public use site as specified herein.

(1) No adult entertainment business shall be located within five hundred feet of any existing residential zoning district or residential use.

(2) No adult entertainment business shall be located within five hundred feet of any church or similar place of worship, school or day care facility (public or private), park or playground, recreation facility, hospital, or public building (e.g., government office, sheriff station, courthouse, library).

(3) No adult entertainment business shall be located within five hundred feet of any other existing adult entertainment business.

• (4) No adult entertainment businesses shall be established in a building in which the primary building face fronts on the following streets:

• (A) Alondra Boulevard, east of Valley View Avenue and west of La Mirada Boulevard.

• (B) Valley View Avenue, south of Stage Road and north of Artesia Boulevard.

• (C) Rosecrans Avenue, west of Valley View Avenue and east of the city limits.

• (D) Valley View Avenue north of Rosecrans Avenue.

• (Ord. 612 Exhibit A (part), 2008).

In addition to the development standards in the underlying M-2 zoning district, the following development and operational standards apply to adult entertainment business uses. In the event of conflict between these standards and the underlying zoning district regulations, the provisions of this section shall apply.

(1) Signs. Signs, advertisements, displays, or other promotional materials depicting or describing specific anatomical areas or specific sexual activities or displaying instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities shall not be shown or exhibited so as to be discernible by the public beyond the walls of the building or portion thereof in which the adult entertainment business is conducted.

(2) Noise. No loudspeakers or sound equipment shall be used by adult entertainment businesses for amplification of sound to a level discernible by the public beyond the walls of the building or portion thereof in which the adult entertainment business is conducted.

(3) Parking lot lighting. All off-street parking areas and premise entries of the adult entertainment business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on parking surfaces and walkways.

(4) Landscaping. No landscaping shall exceed thirty inches in height, except trees with foliage not less than six feet above the ground.

(5) Trash enclosures. All trash receptacles and other refuse or waste storage shall be kept in an enclosed building or within a trash enclosure area. Any such trash enclosure area shall consist, at a minimum, of a three-sided, six-foot-high decorative block or similar wall structure, with the fourth side comprised of a closable, latchable solid gate.

(6) Access. Each adult entertainment business shall have a business entrance separate from any other non-adult business located in the same building. All building openings, entries, and windows for an adult business shall be located, covered or screened in such a manner as to prevent a view into the interior of an adult entertainment business from any area open to the general public.

(7) Posting age restrictions. The building entrance to the adult entertainment business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises.

(8) Manager stations. All indoor areas of the adult entertainment business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.

(9) Individual viewing areas. No individual viewing area may be occupied by more than one person at any one time.

Individual viewing area shall mean a viewing area designed for occupancy by one person. Individual viewing areas of the adult business shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two or more individual viewing areas. (10) No closed areas. No adult use or adult entertainment business shall maintain closed areas, booths, cubicles rooms or other areas within its place of business that are used, designed or furnished for private sexual activity.

(11) Nudity by customers prohibited. No nudity or sexual activities by customers shall be allowed on the premises. (12) Inspection. All portions of the premises shall be available by access and visual inspection at all times by any city inspector standing at the front door.

(Ord. 612 Exhibit A (part), 2008).