Chapter 17.86 — ADULT ORIENTED BUSINESSES

This chapter provides standards for the location, establishment, development, and operation applicable to adult oriented businesses which are conditionally permitted land uses set forth in Section 17.52.040(L). In all locations which permit adult oriented businesses, the following shall apply.

(Ord. No. 2014-05, § III)

A.

"Adult arcade" means an establishment where, for any form of consideration, one or more motion picture projectors, slide projectors, digital storage devices or any form of video device are used to display video or photographic reproduction characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

B.

"Adult book/video store" means an establishment which has as a substantial or significant portion (twenty- five (25) percent or more of gross floor area) of its stock-in-trade and offers for sale or for any form of consideration any one or more of the following:

Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, digital images, digital storage devices, slides, or any other form of visual representations characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or

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

C.

"Adult cabaret" means a nightclub, restaurant, bar or similar establishment in which is scheduled and/or featured:

Live performances characterized by the exposure of specified anatomical areas or by specified sexual activities, including striptease, defined as the or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models appearing in lingerie, to the point where specified anatomical areas are exposed; or

Films, motion pictures, video cassettes, digital storage devices, video images, or other any other form of video or photographic reproductions characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

D.

"Adult motion picture theater" means an establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, digital images or similar photographic reproductions are shown, and in which a substantial portion (twenty-five (25) percent or more) of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

E.

"Adult oriented business" means any business or establishment which offers its patrons services or entertainment characterized by an emphasis on depicting, describing, or relating to specified sexual activities or specified anatomical areas. Adult oriented business includes [subsections] (A)—(H).

F.

"Adult theater" means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration, in which is scheduled and/or featured live performances characterized by the exposure of specified anatomical areas or by specified sexual activities.

G.

"Sexual encounter establishment" means an establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may associate, congregate, or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychiatrist, psychologist, or similar professional person licensed by the state engages in sexual therapy.

H.

"Specified anatomical areas" includes any of the following: less than completely and opaquely covered human genitals, pubic regions, anal regions, buttocks, breasts below a point immediately above the top of the areola; or human male genitals in a discernible turgid state, even if completely and opaquely covered.

I.

"Specified sexual activities" include any of the following:

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or breasts;

All sex acts, actual or simulated;

Masturbation, actual or simulated; or

Excretory functions alone or as part of or in connection with any of the activities described in items 1. through 3. above.

J.

"Establishment of an adult oriented business" includes any of the following:

The opening or commencement of any adult oriented business as a new business;

The conversion of an existing business, whether or not an adult oriented business, to any of the adult oriented businesses defined herein;

The addition of any of the adult oriented businesses defined herein to any other existing business; or

The relocation of any adult oriented business.

(Ord. No. 2014-05, § III)

Adult oriented businesses shall be located, established, developed and operated in compliance with all of the following standards and in addition to all applicable provisions of the Orland Municipal Code, California state and federal law.

A.

Employees Required. It shall be the duty of the owners to ensure that at least two employees are on duty at all times that any patron is present inside the premises of any adult oriented business.

B.

Hours of Operation. No adult oriented business shall operate or be open between the hours of 2:00 a.m. and 7:00 a.m.

C.

Lighting. The entire exterior ground, including the parking lot, of any adult oriented business shall be provided with lighting which is energy efficient, stationary and directed away from adjacent properties and public rights-of-way.

D.

Live Entertainment. All of the following standards shall pertain to any adult oriented business that provides live entertainment depicting specified anatomical areas or involving specified sexual activities:

No person shall perform live entertainment for patrons of an adult oriented business except upon a stage at least eighteen (18) inches above the level of the floor which is separated by a distance of at least six feet from the nearest area occupied by patrons, and no patron shall be allowed within six feet of the stage while the stage is occupied by an entertainer.

The adult oriented business shall provide separate dressing room facilities and entrances/exits to the premises which are exclusively dedicated to the entertainers' use.

The adult oriented business shall provide permanent access for entertainers between the stage and the dressing room facilities which is completely separated from the patrons. If the separate access is not physically feasible, the adult oriented business shall provide a minimum three-foot-wide walk aisle for entertainers between the dressing room facilities and the stage, with a permanent railing, fence or other barrier separating the patrons and the entertainers to prevent any physical contact between patrons and

entertainers. Fixed rail(s) at least thirty (30) inches in height shall be installed and permanently maintained establishing the required separations between the entertainers and patrons.

The serving and consuming of alcohol within or upon a portion of the premises of the adult oriented business, indoor and outdoor, shall not be permitted during live entertainment depicting specified anatomical areas or involving specified sexual activities.

Complete nudity is prohibited.

E.

Permanent Barriers. Permanent barriers shall be installed and maintained to screen the interior of any adult oriented business premises from public view for each door used as an entrance/exit to the adult oriented business.

F.

Separation/Measurement. It is unlawful to cause or allow the establishment of an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult oriented business, adult theater, or sexual encounter establishment within:

One thousand five hundred (1,500) feet of another adult oriented business;

One thousand five hundred (1,500) feet of any public or private school, park, playground, public building, church, any noncommercial establishment operated by a bona fide religious organization, or any establishment likely to be used by minors; or,

Two hundred fifty (250) feet of any residential dwelling unit. The distance between any two adult oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult oriented business and any residential dwelling unit, religious facility or institution, school, or public park shall be measured in a straight line, without regard to intervening structures, from the closest property line of the adult oriented business to the closest property line or physical structure (residential dwelling) of the property.

G.

Viewing Area.

It is unlawful to maintain, operate, or manage or allow to be maintained, operated, or managed any adult arcade in which the viewing areas are not visible from a continuous main aisle or are obscured by a curtain, door, wall, or other enclosure. For purposes of this section, "viewing area" means the area where a patron or customer would ordinarily be positioned while watching the film, performance, picture, or show.

It is unlawful for more than one person at a time to occupy any individually partitioned viewing area or booth.

It is unlawful to create, maintain, or allow to be maintained any holes or other openings between any two booths or individual viewing areas for the purpose of providing viewing or physical access between the booth or individual viewing area.

H.

Personnel Registers of Live Entertainers. The operator of an adult oriented business providing live entertainment shall maintain a personnel register of all entertainers. The personnel register shall provide contact information, including full name, residence address, telephone number(s) and e-mail address. The personnel register shall be available for inspection by the Orland Chief of Police at all times during regular business hours.

I.

Employment of Minors. It shall be unlawful for the operator or any other person in charge of an adult oriented establishment to employ or retain any person who is under the age of eighteen (18) years to perform any service on the premises of the establishment.

(Ord. No. 2014-05, § III)

A.

Nuisance Per Se. Violation of the any provision of Section 17.86.030 is declared to be a public nuisance per se, which may be abated by way of civil abatement procedures. However, this remedy is not exclusive and violations may be prosecuted by and through any applicable local, state or federal law.

B.

Minors and Intoxication. It shall be a misdemeanor for any person under the age of eighteen (18) years or an obviously intoxicated person to enter or remain on the premises of an adult oriented business at any time. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the adult oriented business.

C.

Other Provisions of Law. Nothing in this chapter is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any city of Orland ordinance or statute of the state of California regarding public nuisances, sexual conduct, lewdness, obscene or harmful matter, exhibition, or public display thereof.

(Ord. No. 2014-05, § III)