Petaluma Municipal Code Ch. 10 Adult Oriented Business

Sections:

10.010 Purpose.

10.020 De7nitions.

10.030 Establishment of an Adult Entertainment Business.

10.040 Zones for Adult Entertainment Establishments.

10.050 Minimum Proximity Requirement.

10.055 Measurement of Distance Between Uses.

10.060 Nonconforming Establishments.

10.070 Regulation of Signs.

10.080 Visibility from Street.

10.090 Adult Entertainment Establishment Conditional Use Permit Required.

10.100 Permit Application.

10.110 Grounds for Conditional Use Permit Denial/Revocation.

10.112 Conditional Use Permit Conditions.

10.114 Conditional Use Permit Valid for Speci7ed Location/Establishment/Permittee.

10.116 Sale or Transfer of Business.

10.118 New Conditional Use Permit Required.

It is the intent of Chapter 10 to prevent problems of blight and deterioration 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, public parks and residentially zoned districts. The City Council Hnds

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 increase in crime, and can cause other businesses

and residents to move elsewhere. It is, therefore, the purpose of Chapter 10 to establish reasonable and uniform

regulations to prevent the concentration of adult establishments or their close proximity to incompatible uses,

while permitting the location of adult businesses in certain zone districts.

It is the intent of Chapter 10 that those deHnitions and interpretations set forth in the Glossary of the Petaluma

Zoning Ordinance shall apply but only where they do not conIict with any deHnition or interpretation set forth in

Chapter 10.

A. Speci+ed Anatomical Areas. As used in Chapter 10, “speciHed anatomical areas” shall mean and include any of

the following:

1. Less than completely and opaquely covered human genitals, pubic regions, buttocks, anus or female

breast below a point immediately above the top of the areolae; or

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

B. Speci+ed Sexual Activities. As used in Chapter 10, “speciHed sexual activities” shall mean and include any of the

following:

1. The fondling or other erotic touching, actual or simulated, of human genitals, pubic regions, buttock or

female breast;

2. Sex acts, actual or simulated, including acts of sexual intercourse, oral copulation, sodomy, or bestiality;

or

3. Masturbation, actual or simulated; or

4. Excretory functions as part of or in connection with any of the activities set forth in “A.” through “C.”

above.

C. Adult Entertainment Establishment. An adult entertainment establishment is any place of business in which one

or more of the following activities is conducted:

1. Adult Book Store. A commercial establishment which devotes more than 50% of its total inventory or

product lines or more than 50% of its total display, shelf, rack, table, stand, or Ioor area used for the display

and sale of the following:

a. Books, magazines, periodicals, or other printed matter, or photographs, Hlms, motion pictures,

video cassettes, slides, tapes, records, or other form of visual or audio representation which are

characterized by an emphasis upon the depiction of description of “SpeciHed Sexual Activities” or

“SpeciHed Anatomical Areas”; and/or

b. Instruments, artiHcial devices or paraphernalia which are designed for use in connection with

“SpeciHed Sexual Activities”.

The term “product line” refers to items which are all identical, such as numerous copies of the same book or

periodical.

2. Adult Motion Picture Establishment. Shall mean a commercial establishment with a capacity of more than

50 persons, used for the presentation, exhibition or display of Hlms, motion pictures, video cassettes, slides or

similar photographic reproductions projected on a screen, which are distinguished or characterized by an

emphasis on matter depicting, describing, or relating to “SpeciHed Sexual Activities” or “SpeciHed Anatomical

Areas”. For purposes of this paragraph and paragraphs 10.020(A)(3-13), “substantial portion of the total presentation time” shall mean the presentation of Hlms, shows, or other described entertainment for viewing

on more than 28 days within any 56 consecutive day period.

3. Adult Mini-Motion Picture Theater. Shall mean a commercial establishment with a capacity of more than 5

but less than 50 persons, used for the presentation, exhibition or display of Hlms, motion pictures, video

cassettes, slides or similar photographic reproductions projected on a screen, and in which a substantial

portion of the presentation time is distinguished or characterized by an emphasis on matter depicting,

describing, or relating to “SpeciHed Sexual Activities” or “SpeciHed Anatomical Areas”.

4. Adult Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin or slug-

operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors,

or other image-producing devices are maintained to show images, Hlms, motion pictures, video cassettes,

slides, tapes, records or other forms of visual or audio representation to Hve or fewer persons per machine at

any one time, in which a substantial portion of the total presentation time of the images so displayed are

distinguished or characterized by an emphasis on depicting or describing “SpeciHed Sexual Activities” or

“SpeciHed Anatomical Areas”.

5. Adult Drive-In Theater. An open lot or part thereof, with appurtenant facilities, devoted primarily to the

presentation of motion pictures, Hlms, theatrical productions and other forms of visual productions, for any

form of consideration to persons in motor vehicles or on outdoor seats, in which a substantial portion of the

total presentation time of the material being presented is distinguished or characterized by an emphasis on

matter depicting, describing or relating to “SpeciHed Sexual Activities” or “SpeciHed Anatomical Areas” for

observation by patrons.

6. Adult Cabaret. A nightclub, bar, restaurant, or similar establishment during which a substantial portion of

the total presentation time features live performances which are distinguished or characterized by an

emphasis on “SpeciHed Sexual Activities” or by exposure of “SpeciHed Anatomical Areas” and/or feature Hlms,

motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or

characterized by an emphasis upon the depiction or description of “SpeciHed Sexual Activities” or “SpeciHed

Anatomical Areas” for observation by patrons.

7. Adult Motel or Hotel. A hotel or motel or similar commercial establishment oKering public

accommodations for any form of consideration which provides patrons with closed-circuit television

transmissions, Hlms, motion pictures, video cassettes, slides, or other photographic reproductions, a

substantial portion of the total presentation time of which is distinguished or characterized by an emphasis

upon the depiction or description of “SpeciHed Sexual Activities” or “SpeciHed Anatomical Areas” for

observation by patrons.

8. Adult Theater. A theater, concert hall, auditorium or similar commercial establishment either indoor or

outdoor in nature which, for any form of consideration, regularly features live performances, a substantial

portion of the total presentation time of which is distinguished or characterized by an emphasis on “SpeciHed

Sexual Activities” or “SpeciHed Anatomical Areas” for observation by patrons.

9. Adult Model Studio. Any establishment open to the public where, for any form of consideration or

gratuity, Hgure models who display “SpeciHed Anatomical Areas” are provided to be observed, sketched,

drawn, painted, sculptured, photographed, or similarly depicted by persons, other than the proprietor, paying

such consideration or gratuity.

This provision shall not apply to any school of art which is operated by an individual, Hrm, association,

partnership, corporation, or institution 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.

10. Sexual Encounter Establishment. A commercial establishment, other than a hotel, motel or similar

establishment oKering public accommodations which, for any form of consideration, provides a place where

two or more persons may congregate, associate or consort in connection with “SpeciHed Sexual Activities” or

the exposure of “SpeciHed Anatomical Areas”.

This deHnition does not include an establishment where a medical practitioner, psychologist, psychiatrist or

similar professional person licensed by the State of California engages in sexual therapy.

11. Body Painting Studio. 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 in terms of “SpeciHed Anatomical Areas”.

12. Other Adult Entertainment Businesses. Any other business or commercial establishment not herein

deHned:

a. 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 “SpeciHed Sexual Activities” or “SpeciHed Anatomical Areas”; or

b. Which devotes more than 50 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 “SpeciHed Sexual Activities”.

13. School. An institution of learning for minors, whether public or private, which oKers instruction in those

courses of study required by the California Education Code or which is maintained pursuant to standards set

by the State Board of Education. This deHnition includes a nursery school, kindergarten, elementary school,

junior high school, senior high school or any special institution of learning under the jurisdiction of the State

Department of Education, but it does not include a vocational or professional institution or an institution of

higher education, including a community or junior college, college or university.

14. Commercial Zones. For purposes of Chapter 10, a commercial zone shall include the following “zoning

districts” as deHned in the Petaluma Zoning Ordinance: C1, C2, MU1A, MU1B, and MU2.

15. Public Park. As used in Chapter 10, any park or playground dedicated to use for park or recreation

purposes owned by, dedicated to, leased to, or operated or maintained by the City.

16. Residential Zone. As used in Chapter 10, a residential zone shall include the following “zone districts” as

deHned in the Petaluma Zoning Ordinance: RR, R1, R2, R3, R4, R5, AG, MU1C, and residential Planned Unit

Development (P.U.D.) and Planned Community Development (P.C.D.).

17. Church. As used in Chapter 10, a church shall include any property where a building is set apart and

recognized as a site of public gathering and worship. This shall include church operated childcare/nursery or

preschool facilities.

As used herein, to “establish” an adult entertainment business shall mean and include any of the following:

A. The opening or commencement of operation of any such business as a new business.

B. The conversion of any existing business, whether or not an adult entertainment business, to any other adult

entertainment business as described herein.

C. The addition of any adult entertainment business as deHned herein to any existing adult entertainment

businesses if the addition results in enlargement of the place of business. For purposes of this paragraph,

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 any portion thereof, whether located on the same or an adjacent lot

or parcel of land.

Adult entertainment establishments are permitted only in the commercial zone as deHned in Section 10.02(E). No

such establishment shall be permitted to be established in any area outside of a commercial zone.

No adult entertainment establishment shall be established within speciHed distances of certain speciHed land uses

as set forth below:

A. No such establishment shall be established within two hundred and Hfty feet of any other adult

entertainment establishment as deHned in Section 10.020(C).

B. No such establishment shall be established within Hve hundred feet of any school as deHned in Section

10.020(D).

C. No such establishment shall be established within Hve hundred feet of any public park as deHned in Section

10.020(F).

D. No such establishment shall be established within two hundred and Hfty feet of any residential zone as

deHned in Section 10.020(G).

E. No such establishment shall be established within Hve hundred feet of any church as deHned in Section

10.020(H).

The distance between any two adult entertainment establishments 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 entertainment establishment and any school, public park, church, or residential zone shall be measured

in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult

entertainment business to the closest property line of the school, public park, church or residential zone.

A. Subject to obtaining an adult entertainment establishment conditional use permit as required by Section

10.100 an adult entertainment establishment which was established and conducting a lawful business and lawful

use of a building within this City as of the eKective date of Chapter 10, shall become a legal nonconforming use.

B. Such establishments shall be required within 90 days of the eKective date of Chapter 10 to comply with all

provisions of Chapter 10 excepting the provisions of Section 10.040 governing zones for adult entertainment

establishments and Section 10.050 governing minimum proximity requirements for adult entertainment

establishments.

C. Such existing adult entertainment establishments may not be enlarged as described in Section 10.030(C) or

converted to any other adult entertainment business as described in Section 10.030(B) unless it is in compliance

with all provisions of Chapter 10 including Sections 10.040 and 10.050.

No adult entertainment business shall display signs as deHned in Chapter 20 of the Petaluma Zoning Ordinance,

advertising, posters, photographs or graphic representations, in such a location as can be viewed by persons from

any public street or sidewalk that depict any of the following:

A. “SpeciHed Sexual Activities”.

B. “SpeciHed Anatomical Areas”.

No adult entertainment establishment shall display any stock in trade which can be viewed by persons from any

public street or sidewalk which depicts any of the following:

A. “SpeciHed Sexual Activities”.

B. “SpeciHed Anatomical Areas”.

C. Instruments, artiHcial devices or paraphernalia which depict or represent “SpeciHed Anatomical Areas”.

Required.

A. Use Permit Required. It shall be unlawful for any person to establish as deHned in Section 10.030, or operate,

or cause or permit to be operated, any adult entertainment establishment without Hrst obtaining a conditional use

permit as deHned and set forth in Section 24.060 of the Petaluma Zoning Ordinance. Such permit shall not be

denied on the basis that the business to be established is an adult entertainment establishment, if the

establishment is in conformance with the requirements of Chapter 10.

B. Application Deadline for Existing Adult Entertainment Establishments. Any adult entertainment establishment

which was already established as of the eKective date of Chapter 10 shall have 90 days from the eKective date of

Chapter 10 to apply for an adult entertainment establishment conditional use permit. (Ord. 2811 § 4, 2022.)

A. Any person, association, partnership, corporation, or other entity desiring to obtain an adult entertainment

establishment conditional use permit shall Hle an application with the Community Development Department on a

form provided by the Director. The application shall be accompanied by a nonrefundable application processing

fee in the amount established by City Council resolution.

B. The application for a use permit shall contain the following information:

1. The name, address and telephone number of the applicant. If the applicant is a corporation, the

applicant shall set forth the name of the corporation exactly as shown in its article of incorporation, the date

and place of incorporation, the names and addresses of the oJcers, directors, and each stockholder owning

more than 10% of the stock of the corporation. If the applicant is a partnership, the application shall set forth

the name and residence address of each of the partners, including limited partners. If one or more of the

partners is a corporation, the provision of this Chapter pertaining to a corporate applicant shall apply. The

applicant corporation or partnership shall designate one of its oJcers or general partners to act as its

responsible managing oJcer.

2. Name, address and telephone number of the person who shall manage and operate the establishment

for which the permit is requested. The name and address of a person authorized to accept service of legal

notices.

3. The proposed business name of the adult entertainment establishment and description of the type of

adult establishment.

4. Street address of the proposed adult entertainment establishment and the assessor parcel number for

the property.

5. A plot plan for the property depicting the location of the building housing the adult entertainment

establishment on the property.

6. If the adult entertainment establishment was in existence as of the eKective date of Chapter 10, the date

the establishment Hrst commenced operation.

7. Any other information reasonably necessary to accomplish the purposes of Chapter 10.

C. Referral to Other City Departments. The Director of the Community Development Department may refer the

application to other City departments to determine whether the premises where the adult entertainment

establishment is located, or will be located, complies with the City’s building, health, zoning and Hre ordinances or

other applicable ordinances or laws. City departments may conduct an inspection of the premises to determine

compliance with the ordinances and laws they administer.

D. Action on Application. Notice and public hearing requirements shall be as set forth in Section 24.060 of the

Petaluma Zoning Ordinance pertaining to conditional use permits. (Ord. 2811 § 4, 2022.)

A. The Planning Commission shall grant the conditional use permit unless it is determined from a consideration

of the application, City inspection of the premises or other pertinent information that:

1. Information contained in the application or supplemental information requested from the applicant is

false in any material detail.

2. The proposed location of the adult entertainment business would not comply with the requirements of

Sections 10.040 and 10.050. Exception: This grounds for denial is not applicable to legal nonconforming

establishments as described in Section 10.060.

3. The operation of the adult entertainment business is or would be in violation of one or more provisions

of Chapter 10.

4. 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 and Hre ordinances.

5. That a conditional use 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

10% of the applicant’s corporate stock, which conditional use permit has been suspended and the period of

suspension has not yet ended.

B. Notice of Denial. Notice of conditional use permit denial shall be in writing and shall state the grounds

therefore. Notice shall be personally served on the permit applicant or mailed to this address listed on the

application form.

C. Suspension of Revocation. An adult entertainment conditional use permit may be suspended for up to one year

or revoked for any of the reasons speciHed as grounds for conditional use permit denial in Section 10.120 (A)(1-5)

above.

D. Notice of Intent to Suspend or Revoke. Notice of intention to suspend or revoke shall be in writing and shall

state the grounds therefore. Notice shall be personally served or mailed to the person authorized to accept service

of legal notices as speciHed in Section 10.110(B). Any suspension or revocation procedure shall be done as

speciHed in Section 24.060(G) of the Petaluma Zoning Ordinance. (Ord. 2811 § 4, 2022.)

The Director may recommend conditioning the issuance of an adult entertainment conditional use permit by

imposing reasonable conditions to insure compliance with the provisions of Chapter 10, and other sections of the

Petaluma Zoning Ordinance and Municipal Code including but not limited to:

A. Regulation of signs.

B. Regulation of visibility from street of the stock in trade of an adult entertainment establishment.

Permittee.

Each permit issued pursuant to Chapter 10 is only valid:

A. For the permittee speciHed in the conditional use permit application.

B. For the business name for the adult entertainment establishment listed in the conditional use permit

application.

C. The speciHc type of adult entertainment establishment described in the conditional use permit application.

D. The speciHed location described in the conditional use permit.

A. No conditional use permit issued pursuant to this article may be assigned or transferred without the prior

written consideration and approval of the Planning Commission. The applicant shall apply for a transfer on a form

provided by the Director and shall pay a nonrefundable application processing fee in the amount established by

City Council resolution. Consideration of the sale or transfer shall be done in accordance with conditional use

permit procedures set forth in Section 24.060 of the Zoning Ordinance with the exception of Section 24.060(J)

pertaining to transfer rights.

B. Transfer of partnership or corporate ownership. An application for approval of a transfer of a conditional use

permit shall be required prior to any change in an interest in a partnership or ownership of ten percent (10%) or

more of the stock of a corporation to any person not listed on the application Hled by said applicant pursuant to

C. An application for transfer of an adult entertainment conditional use permit may be denied for any of the

grounds speciHed for denial of an original conditional use permit application in Section 10.110. Procedures for

notice of denial of a transfer and appeal thereof shall be identical to those procedures for denial of a conditional

use permit application speciHed in Section 10.110. (Ord. 2811 § 4, 2022.)

A new conditional use permit is required in any of the following situations:

A. Prior to any change in the location of the adult entertainment establishment;

B. Prior to the conversion of any existing adult entertainment establishment to any other type of adult

entertainment establishment as described herein;

C. Prior to any change in the business name of the adult entertainment establishment; or

D. Prior to the enlargement of any existing adult entertainment as described in Section 10.030(C).

The Petaluma Implementing Zoning Ordinance is current through Ordinance 2907, passed September 8,

Disclaimer: The city clerk’s oJce has the oJcial version of the Petaluma Implementing Zoning Ordinance. Users

should contact the city clerk’s oJce for ordinances passed subsequent to the ordinance cited above.

City Website: cityofpetaluma.net

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