Article 1 — GENERAL PROVISIONS

It is the intent of this article to prevent community wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of adult entertainment businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, churches, and residentially zoned districts or 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 in addition to the effects described above, can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this article to establish reasonable and uniform regulations to prevent the concentration of adult entertainment businesses or their close proximity to incompatible uses, while permitting the location of adult businesses in certain areas.

(§ 3, Ord. 919, eff. March 19, 1997)

Establishment of an "adult entertainment business". As used herein, to "establish" an adult entertainment business shall mean and include any of the following:

• (1) The opening or commencement of any adult entertainment business as a new business;

• (2) The conversion of an existing business, whether or not an adult entertainment business, to any adult entertainment business defined in this section;

• (3) The addition to any of the adult entertainment businesses defined in this section to any other existing adult entertainment business; or

• (4) The relocation of any such adult entertainment business.

Specified anatomical areas. As used herein, "specified anatomical areas" shall mean and include any of the following:

• (1) Less than completely and opaquely covered human: (i) genitals or pubic region; (ii) buttocks; and (iii) female breast below a point immediately above the top of the areola; and

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

Specified sexual activities. As used herein, "specified sexual activities" shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering:

• (1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

• (2) Sex acts, actual or simulated including intercourse, oral copulation, or sodomy;

• (3) Masturbation, actual or simulated; and

• (4) Excretory functions as part of or in connection with any of the other activities described in subsection (1) through (3) of this subsection.

Adult entertainment business. "Adult entertainment businesses" shall mean any of the following:

• (1) Adult arcade. The term "adult arcade" as used in this chapter, shall mean an establishment where, for any form of consideration, one or more still or motion picture protectors, or similar machines, for viewing by five or fewer persons each are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

• (2) Adult bookstore. The term "adult bookstore" as used in this chapter, shall mean an establishment that has 30% or more of its stock in books, magazines, periodicals, or other printed matter or of photographs, films, motion pictures, video cassettes, slides, tapes, records, or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.

n an establishment that has 30% or more of its stock in books, magazines, periodicals, or other printed matter or of photographs, films, motion pictures, video cassettes, slides, tapes, records, or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.

• (3) Adult cabaret. The term "adult cabaret" as used in this chapter, shall mean a nightclub, restaurant, or similar business establishment which: (1) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (2) shows films, computer generated images, pictures, video cassettes, slides, or other photographic reproductions 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

• (4) Adult hotel/motel. The term "adult hotel/motel" as used in this chapter, shall mean a hotel or motel or similar business establishment offering public accommodations for any form of consideration which: (1) provides patrons with closed circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (2) rents, leases, or lets any room for less than a six hour period, or rents, leases, or lets any single room more than twice in a 24 hour period.

• (5) Adult motion picture theater. The term "adult motion picture theater" as used in this chapter, shall mean a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and 30% or more of the number of which are

distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

• (6) Adult theater. The term "adult theater" as used in this chapter, shall mean a theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

• (7) Escort bureau. The term "escort bureau" as used in this chapter, shall mean a business which, for pecuniary compensation, consideration, hire or reward furnishes or offers to furnish escorts.

• (8) Modeling studio. The term "modeling studio" as used in this chapter, shall mean a business which provides for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted, or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the State of California Board of Education. "Modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available "specified sexual activities."

Church. The term "church" as used in this chapter, shall mean a structure used primarily for religious priorship and related religious activities.

Distinguished or characterized by an emphasis upon. The term "distinguished or characterized by an emphasis upon" as used in this chapter, shall mean and refer to the dominant or essential theme of the object by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle vs. of Covina, 115 Cal.App. 3 151 (1981).

Regularly features. The term "regularly features" as used in this chapter with respect to an adult theater or adult cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a 30 day period; three or more occasions within a 60 day period; or four or more occasions within a 180 day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

Semi-nude. The term "semi-nude" as used in this chapter, means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

School. The term "school" as used in Section 9-5.103 , shall mean any child or day care facility, or an institution of higher learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State of California Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. (§ 3, Ord. 919, eff. March 19, 1997)

No adult entertainment business shall be established or located in any zone of the City other than the PM (Planned Industrial District ) or the M (General Industrial District) zones or within certain

distances of certain specified land uses or zones as set forth below:

• (a) No such business shall be within 500 feet of any other adult entertainment business.

• (b) No such business shall be within 300 feet from any existing residential zone or use, park, church or school.

• (c) The distances set forth above shall be measured as a radius from the primary entrance of the adult business to the property lines of the property so zoned or used without regard to intervening structures.

• (§ 3, Ord. 919, eff. March 19, 1997)

Any use of real property existing on March 19, 1997, which does not conform to the provisions of Section 9-5.103 , but which was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a non-conforming use which may be continued until March 19, 1998 (one year after the effective date of the ordinance codified in this article). On or before such letter date, all such nonconforming uses shall be terminated unless an extension of time has been approved by the Planning Commission in accordance with the provisions of Section 95.105 .

• (a) Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult entertainment business shall result in a loss of legal, nonconforming status of such use.

• (b) Amortization - annexed property. Any adult entertainment business which was a legal use at the time of annexation of the property and which is located in the City, but which does not conform to the provisions of Section 9-5.103 shall be terminated within one year of the date of annexation unless an extension of time has been approved by the Planning Commission in accordance with the provisions of Section 9-5.105 .

• (§ 3, Ord. 919, eff. March 19, 1997)

The owner or operator of a nonconforming use as described in Section 9-5.104 may apply under the provisions of this section to the Planning Commission for an extension of time within which to terminate the nonconforming use.

• (a) Time and manner of application. An application for an extension of time within which to terminate a use made nonconforming by the provision of Section 9-5.103 may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the community development director or designated representative at least 90 days but no more than 180 days prior to the time established in Section 9-5.104 for termination of such use.

• (b) Content of application; fees. The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the City Council.

• (c) Hearing procedure. The City Manager shall appoint a hearing officer to hear the application. The hearing officer shall set the matter for hearing within 45 days of receipt of the application. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and

cross examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the hearing officer shall be final and subject to judicial review pursuant to Code of Civil Procedure Section 1094.6.

• (d) Approval of extension; findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the hearing officer makes all of the following findings as are required by law:

  • (1) The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to March 19, 1997;

  • (2) The applicant will be unable to recoup the investment as of the date established for termination of the use; and

  • (3) The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with Section 9-5.103 .

• (§ 3, Ord. 919, eff. March 19, 1997)