Article 3 — Adult-Oriented Businesses

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.

In addition to any other definitions contained in the Municipal Code, the following words and phrases shall, for the purpose of this article, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with any current provisions of the Municipal Code, these definitions shall prevail for purposes of this article.

(a)

"Adult arcade" shall mean a business establishment to which the public is permitted or invited and where coin, card or slug operated or electronically, electrically or mechanically controlled devices, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas." Such devices shall be referred to as "adult arcade devices."

(b)

"Adult booth/individual viewing area" shall mean a partitioned or partially enclosed portion of an adultoriented business used for any of the following purposes:

(1)

Where a live or taped performance is presented or viewed, where the performances and/or images displayed or presented are distinguished or characterized by their emphasis on matter depicting,

describing, or relating to "specified sexual activities" or "specified anatomical areas;" or

(2)

Where "adult arcade devices" are located.

(c)

"Adult-oriented business" is synonymous with "adult entertainment business" and shall mean:

(1)

A business establishment or concern that as a regular and substantial course of conduct operates as an adult retail store, adult motion picture theater, adult arcade, adult cabaret, adult motel or hotel, adult modeling studio; or

(2)

A business establishment or concern which as a regular and substantial course of conduct offers, sells or distributes "adult-oriented material" or "sexually oriented merchandise," or which offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" but not including those uses or activities which are preempted by State law.

(d)

"Adult cabaret" shall mean a business establishment (whether or not serving alcoholic beverages) that features "Adult live entertainment."

(e)

"Adult cabaret dancer" shall mean any person who is an employee or independent contractor of an "Adult cabaret" or "Adult business" and who, with or without any compensation or other form of consideration, performs as a sexually oriented dancer, exotic dancer, stripper, go-go dancer or similar dancer whose performance on a regular and substantial basis focuses on or emphasizes the adult cabaret dancer's breasts, genitals, and/or buttocks, but does not involve exposure of "specified anatomical areas" or depicting or engaging in "specified sexual activities." "Adult cabaret dancer" does not include a patron.

(f)

"Adult hotel/motel" shall mean a "hotel" or "motel" (as defined in the Municipal Code) that is used for presenting on a regular and substantial basis images through closed circuit television, cable television, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices that are distinguished or characterized by the emphasis on matter depicting or describing or relating to "specified sexual activities" or "specified anatomical areas."

(g)

"Adult live entertainment" shall mean any physical human body activity, whether performed or engaged in, alone or with other persons including, but not limited to, singing, walking, speaking, dancing, acting,

posing, simulating, wrestling or pantomiming, in which: (1) the performer (including, but not limited to, topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar performers) exposes to public view, without opaque covering, "specified anatomical areas;" and/or (2) the performance or physical human body activity depicts, describes, or relates to "specified sexual activities" whether or not the specified anatomical areas are covered.

(h)

"Adult modeling studio" shall mean a business establishment which provides for any form of consideration, the services of a live human model, who, for the purposes of sexual stimulation of patrons, displays "specified anatomical areas" to be observed, sketched, photographed, filmed, painted, sculpted, or otherwise depicted by persons paying for such services. "Adult modeling studio" does not include schools maintained pursuant to standards set by the Board of Education of the State of California.

(i)

"Adult motion picture theater" shall mean a business establishment, with or without a stage or proscenium, where, on a regular and substantial basis and for any form of consideration, material is presented through films, motion pictures, video cassettes, slides, laser disks, digital video disks, holograms, virtual reality devices, or similar electronically-generated reproductions that is characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

(j)

"Adult-oriented material" shall mean accessories, paraphernalia, books, magazines, laser disks, compact discs, digital video disks, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, holograms or electronically generated images or devices including computer software, or any combination thereof that is distinguished or characterized by its emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." "Adult oriented material" shall include "sexually oriented merchandise."

(k)

"Adult retail store" shall mean a business establishment having as a regular and substantial portion of its stock in trade, "Adult-Oriented material."

(l)

"Church" as used in this article shall mean a structure which is used primarily for religious worship and religious related activities and shall be synonymous with the definition of "religious facility."

(m)

"Establishment of an adult-oriented business" shall mean any of the following:

(1)

The opening or commencement of any "adult-oriented business" (as defined above) as a new business;

(2)

The conversion of an existing business, whether or not an "adult-oriented business," to any "adult-oriented business;"

(3)

The addition of any "adult-oriented business" to any other existing "adult-oriented business;"

(4)

The relocation of any "adult-oriented business;" or

(5)

Physical changes that expand the square footage of an existing "adult-oriented business" by more than ten (10) percent.

(n)

"Non-performer" shall mean a person who is an employee or independent contractor of an adult-oriented business who works in that adult-oriented business during regular business hours. This shall not include after-hours workers providing janitorial, trash or similar after hours services.

(o)

"Owner/permit holder" shall mean any of the following: (1) the sole proprietor of an adult-oriented business; (2) any general partner of a partnership that owns and operates an adult-oriented business; (3) the owner of a controlling interest in a corporation or L.L.C. that owns and operates an adult-oriented business; or (4) the person designated by the officers of a corporation or the members of an L.L.C. to be the permit holder for an adult-oriented business owned and operated by the corporation.

(p)

"Performer" shall mean a person who is an employee or independent contractor of an adult-oriented business or any other person who, with or without any compensation or other form of consideration, provides "adult-oriented live entertainment" for patrons of an "adult-oriented business."

(q)

"Religious facility" shall mean a structure or facility that is used primarily for religious worship and related religious activities.

(r)

"School" shall mean any institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and/or which is maintained pursuant to standards set by the Board of Education of the State of California. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education under the jurisdiction of the California Department of Education. For the purposes of this

chapter, "school" does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

(s)

"Sexually oriented merchandise" shall mean sexually oriented implements, paraphernalia, or novelty items such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

(t)

"Specified anatomical areas" shall mean and include any of the following:

(1)

Less than completely and opaquely covered, and/or simulated to be reasonably anatomically correct, even if completely and opaquely covered human:

(i)

Genitals, pubic region;

(ii)

Buttocks, anus; or

(iii)

Female breasts below a point immediately above the top of the areola; or

(2)

Human male genitals in a discernibly turgid state, even if completely or opaquely covered.

(u)

"Specified sexual activities" shall mean and include any of the following, irrespective of whether performed directly or indirectly through clothing or other covering:

(1)

Human genitals in a state of sexual stimulation or arousal; and/or

(2)

Acts of human masturbation, sexual stimulation or arousal; and/or

(3)

Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; and/or

(4)

Masochism, erotic or sexually oriented torture, beating, or the infliction of pain, or bondage and/or restraints; and/or

(5)

Human excretion, urination, menstruation, vaginal or anal irrigation; and/or

(6)

Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

(Ord. 3778-C.S, § 7, effective 6-6-24)

No adult entertainment business shall be established or located in any zone in the City other than Light Industrial (M-1) Zone or Heavy Industrial (M-2) Zone, or within certain distances of certain specified land uses or zones as set forth below:

(a)

No such business shall be established or located in any zone in the City other than Light Industrial (M-1) Zone or Heavy Industrial (M-2) Zone, or within five hundred (500) feet of any other adult entertainment business.

(b)

No such business shall be established or located in any zone in the City other than Light Industrial (M-1) Zone or Heavy Industrial (M-2) Zone, or within three hundred (300) feet from any existing residential zone or use, park, church, 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.

Any use of real property existing on November 2, 1995, which does not conform to the provisions of Section 10-3.303, but which was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued until November 3, 1996. (One (1) year after the effective date of the ordinance codified in this article.) On or before such latter date, all such nonconforming uses shall be terminated unless an application for extension of time has been approved in accordance with the provisions of Section 10-3.305.

(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 10-3.303 shall be terminated within one (1) year of the date of annexation unless an application for extension of time has been approved in accordance with the provisions of Section 10-3.305.

The owner or operator of a nonconforming use as described in Section 10-3.304 may apply under the provisions of this section to the Director 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 provisions of Section 10-3.303, 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 at least ninety (90) days but no more than one hundred eighty (180) days prior to the time established in Section 10-3.304 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 forty-five (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 or such other 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 July 5, 1994;

(2)

The applicant will be unable to recoup said 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 10-3.303.