Chapter 10.62 — ADULT BUSINESSES

The purpose of this chapter is to regulate adult businesses which, unless closely regulated, have serious secondary effects on the community. These secondary effects include, but are not limited to, the following: depreciation of property values; increases in vacancy rates in residential and commercial areas; increases in incidences of criminal activity; increases in litter, noise and vandalism; and the interference with enjoyment of residential property in the vicinity of such businesses.

It is neither the intent nor the effect of this chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of this chapter to restrict or deny access by adults to materials of a sexually explicit nature, or to deny access by the distributors or exhibitors of such materials to their intended market.

It is the intent of this chapter to afford new adult business a reasonable opportunity to locate in a relevant real estate market.

Nothing in this chapter is intended to authorize, legalize or license the establishment, operation or maintenance of any business, building or use which violates any city ordinance or any statute of the state of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. (Ord. 736 § 1 (part), 1996)

(a) Adult businesses shall not be located:

(1) Within two hundred and fifty feet of any property within a residential zone or used for residential purposes, regardless whether such use or property is located within the city;

(2) Within five hundred feet of any property upon which a school, public park, public library, church, temple or other place used exclusively for religious worship is located, regardless whether such property is located within the city; or

(3) Within five hundred feet of any property upon which another adult business is located, regardless whether such property is located within the city.

(b) The distances specified in this section shall be measured in a straight line, without regard to intervening structures or objects, from the nearest property line of the property where an adult business is to be located to the nearest property line of the premises of any facility, use or business referenced above in subsection (a) of this section. (Ord. 736 § 1 (part), 1996)

The following development standards shall apply to adult businesses:

(1) No adult business shall be located in any temporary or portable structure.

(2) Trash dumpsters shall be enclosed by a fence or other permanent structure so as not to be accessible to the public.

(3) No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

(4) Permanent barriers shall be installed and maintained to screen the interior of the premises from public view from each door used as an entrance or exit to the business.

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

(6) The entire exterior grounds, including the parking lot, shall be lighted in such a manner that all areas are clearly visible at all times.

(7) Signage shall conform to the standards established for the zone where the adult business is located and shall not depict or describe “specified sexual activities” or “specified anatomical areas,” as those terms are defined in this chapter.

(8) All entrances to an adult business shall be clearly and legibly posted with a notice indicating that minors are prohibited from entering the premises.

(9) No nonconforming structure shall be converted for use as an adult business.

(10) The adult business shall not conduct or sponsor any activities which create a demand for parking beyond the number of parking spaces required by this title for the applicable zoning district where the adult business is to be located.

(11) No adult business shall be operated in any manner that permits the observation of any persons or material depicting or describing specified sexual activities or specified anatomical areas within the premises, from any public way or from any location outside the building or area of such establishment. This provision also shall apply to any merchandise, display, decoration, sign, show window or similar area.

(12) All exterior areas of the adult business, including buildings, landscaping, and parking areas shall be maintained in a clean and orderly manner at all times.

(13) Any business license required pursuant to Title 5 of this code shall be kept current at all times.

(14) Each adult business shall conform to all applicable laws and regulations.

(15) The adult business shall not operate or be open between the hours of two a.m. and nine a.m.

(16) The premises within which the adult business is located shall provide sufficient sound-absorbing insulation so that sound generated inside said premises shall not be audible anywhere on any adjacent property or public right- ofway or within any other building or other separate space within the same building.

(17) The adult business will not conduct any massage, acupuncture, tattooing, acupressure or escort services, and will not allow such activities on the premises.

(18) At least one security guard shall be on duty patrolling the premises at all times while the business is being operated or is open. If the occupancy limit of the premises is greater than fifty persons, an additional security guard shall be on duty. The security guard(s) shall be charged with preventing violations of law, with enforcing compliance by patrons with the requirements of this chapter and with notifying the sheriff of any violations of law observed. Security guard(s) required by this subsection shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state or local law. No security guard required pursuant to this subsection shall act as a doorperson, ticket seller, ticket taker or admittance person while acting as a security guard hereunder. (Ord. 736 § 1 (part), 1996)

Adult businesses shall be permitted to be located only in the commercial-manufacturing (C-M) and light manufacturing (M-1) zones. (Ord. 736 § 1 (part), 1996)

No adult business shall be established until an application for an adult business permit is approved by the planning commission in accordance with the procedures set out in Sections 10.80.060 through 10.80.120 of this title. (Ord. 736 § 1 (part), 1996)

An application for an adult business permit shall contain the information required by Section 10.80.060, and a narrative description of the proposed use or development, including: an explanation of how the proposed business will satisfy the applicable requirements set forth in Sections 10.62.010 through 10.62.070 of this chapter. (Ord. 736 § 1 (part), 1996)

When an adult business permit application is filed, it shall be accompanied by the filing fee established by the city council in accordance with Section 10.80.160. (Ord. 736 § 1 (part), 1996)

(a) When an application has been accepted as complete, the director of community development shall set the application for a public hearing before the planning commission within sixty days from the date on which the application was accepted as complete, and shall provide notice of the hearing in accordance with the

proceduresestablished in Sections 10.80.090 through 10.80.100 of this title. The planning commission shall approve or disapprove the application within ninety days from the date on which the application was accepted as complete by the director.

(b) Any application for a permit pursuant to this chapter is considered to be a ministerial permit and, as such, is not subject to the time limits specified in Section 65950 et seq. of the Government Code, or the California Environmental Quality Act.

(c) In considering an application for a permit pursuant to this chapter, the planning commission shall approve the permit if it makes the following findings:

(1) The adult business is consistent with the location and development standards contained this chapter; and

(2) The adult business is to be located in either the commercial-manufacturing (C-M) or light manufacturing (M-

1. zones; and

(3) The adult business is consistent with the applicable requirements of Title 5 of this code; and

(4) Except as specifically provided in this chapter, the adult business complies with the development criteria established by this title.

• (d) Issuance or denial of the ministerial permit is not subject to administrative appeal. (Ord. 736 § 1 (part), 1996)

(a) Any adult business lawfully operating on the effective date of this chapter in violation hereof shall be deemed a nonconforming use.

(b) Any adult business lawfully operating on the effective date of this chapter which becomes nonconforming due to the development standards enumerated in Section 10.62.030 shall cease operation, or otherwise be brought into full compliance with the development standards of this chapter, not later than one year following the effective date of this chapter.

(c) Any adult business lawfully operating on the effective date of this chapter which becomes nonconforming due to either the location and distance requirements enumerated in Section 10.62.020 or the permitted zoning classifications enumerated in Section 10.62.040 shall cease operation, or otherwise be brought into full compliance with these criteria, not later than twenty years following the effective date of this chapter.

(d) An adult business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent establishment of property used for residential purposes or within a residential zone, within two hundred and fifty feet of the adult business, or the subsequent location of a school, public park, public library, church, temple or otherplace used exclusively for religious worship, within five hundred feet of the adult business, if the adult business has not been discontinued, which means that interruptions in use cannot exceed six months in duration. (Ord. 736 § 1 (part), 1996)

An application for review of the termination schedules for a nonconforming adult business prescribed in Section 10.62.090 may be approved by the planning commission in accordance with the procedures set out in Sections 10.80.060 through 10.80.120. In considering an application for review of the termination schedules for an adult business, which is nonconforming due to either the distance requirements or development standards, the planning commission shall use the following criteria in making a determination:

• (1) The owner’s financial investment in the business prior to the effective date of this chapter;

• (2) The present actual and depreciated value of the business improvements;

• (3) The applicable federal tax depreciation schedules for such improvements;

• (4) The remaining useful life of the business improvements;

• (5) The extent to which the business fails to comply with all applicable requirements of this chapter;

(6) The extent, if any, to which the business has been brought into compliance with any of the applicable requirements of this chapter since the date of adoption of this chapter and with which such business previously failed to conform, including the cost incurred for any such improvements;

• (7) The remaining term of any lease or rental agreement under which the business is operating;

• (8) Whether the business can be brought into conformance with all applicable requirements of this chapter without requiring to be relocated, and the cost of complying with such requirements;

(9) Whether the business must be discontinued at the present location in order to comply with the requirements of this chapter and, if such relocation is required: (i) the availability of relocation sites, and (ii) the cost of such relocation; and

• (10) The ability of the owner to change the business to a conforming use. (Ord. 736 § 1 (part), 1996)

If the provisions of this chapter conflict with or contravene the provisions of another chapter of this title, the provisions of this chapter shall prevail as to all matters and questions arising out of the subject matter of this chapter. (Ord. 736 § 1 (part), 1996)

After a hearing as provided in Chapter 10.80 of this title, the planning commission may modify or revoke an adult business permit or adult business nonconforming use if it finds that one or more of the following conditions exist: (1) The use for which the permit was granted is not being exercised or has been changed to a different use;

(2) The use for which the permit was granted has ceased to exist or has been discontinued for a period of at least six months in duration;

(3) The building, structure, equipment or location of such business does not comply with or fails to meet any of the applicable building, plumbing, health and fire codes of the State of California or the city;

(4) The business owner, its employee, agent or manager has been convicted in a court of competent jurisdiction of any violation of any statute, or any other ordinance, arising from any act performed in the exercise of any rights granted by the adult business permit, the revocation of which is under consideration;

(5) The business owner, its employee, agent or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit, or in any report or record required to be filed with the planning commission. (Ord. 736 § 1 (part), 1996)

Adult businesses may not sell or display obscene matter, as that term is defined by Penal Code Section 311 or its successors, and may not exhibit to minors harmful matter, as that term is defined by Penal Code Section 313 or its successors. (Ord. 736 § 1 (part), 1996)

(a) “Adult businesses” include the following:

(1) Any business conducted for the entertainment of adults, engaged in the selling, renting or displaying of publications or material, including, without limitation, film, video or any other form or medium, depicting or describing specified anatomical areas or specified sexual activities as those terms are defined herein. Included in the definition is any business, that as a substantial or significant course of conduct, sells, offers for sale, rents, exhibits, shows or displays publications, or other material, depicting or describing specified anatomical areas or specified sexual activities. Also included in this definition is any business selling, renting, or displaying sexually oriented devices intended for use in specified sexual activities.

A particular business at a particular location that sells, offers for sale, rents, exhibits, shows or displays specified anatomical areas or specified sexual activities in the form of a book, newspaper, pamphlet, film, video or any other form or medium, or sexually oriented devices intended for use in specified sexual activities, which receives fifty percent or more of the gross revenue from, or devotes twenty-five percent or more of the stock on hand or twenty-five percent or more of the gross floor area to such activity, is presumed to be engaging in “substantial or significant” conduct with respect to such activity;

(2) Any business conducted for the entertainment of adults wherein an employee, patron or any other person engages in or is shown specified sexual activities or exposes specified anatomical areas. Included in this definition is any business, which as a substantial or significant portion of its business, provides live or filmed entertainment wherein specified anatomical areas are exposed.

• (b) “Specified anatomical areas” include any of the following, whether actual or simulated:

• (1) Less than completely and opaquely covered:

• (a) human genitals or 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.

• (c) Specified sexual activities include any of the following: (1) actual or simulated sexual intercourse, anal

intercourse, oral or anal copulation, bestiality, pedophilia, necrophilia, direct physical stimulation of unclothed

genitals,flagellation or torture in the context of sexual relationship, or the use of excretory functions in the context of sexual relationships; 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 erection, urination, menstruation, vaginal or anal irrigation. (Ord. 736 § 1 (part), 1996)