Chapter 23.89 — ADULT ENTERTAINMENT FACILITIES

§ 23.89.010. Purpose. ¶

The city council finds that adult entertainment facilities have been shown in various studies to have deleterious social and economic effects on adjacent areas. The primary purpose of this chapter is not to ban this use or regulate the content of adult businesses. The purpose of this chapter is to permit adult entertainment facilities in locations which will minimize adverse secondary effects created by their establishment.

(Ord. 80-O-114 § 1, 1980; Ord. 86-O-112, 1986)

§ 23.89.020. Definitions. ¶

Adult entertainment businesses are defined as follows:

“Adult book/videotape/film store” means an establishment having as a substantial or significant portion of its stock in trade, books, magazines, videotapes, films, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities,” or “specified anatomical areas” or an establishment with a segment or section devoted to the sale or display of such material.

“Adult motion picture theater” means an enclosed building used for presenting material distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.

“Adult hotel or motel” means a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.”

“Adult motion picture arcade” means 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 to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas.”

“Cabaret” means a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”

“Model studio” means any business where, for any form of consideration or gratuity, figure models who display “specified anatomical areas” are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

“Sexual encounter center” means any business, agency or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in “specified sexual activities” or exposing “specified anatomical areas.”

Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas,” including such types of businesses known as adult dance studios, men’s social clubs and rap studios which meet such definition.

“Specified sexual activities” shall include the following:

(a) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, direct physical stimulation of unclothed genitals, and any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty or pedophilia;
- (b) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or
- (c) Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or
- (d) Fondling or touching of nude human genitals, pubic region, buttocks or female breast.
“Specified anatomical areas” shall include the following:
- (a) Less than completely and opaquely covered (1) human genitals, pubic region; (2) buttock, and (3) female breast below a point immediately above the areola; and

(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (Ord. 80-O-114 § 1, 1980; Ord. 80-O-123 §§ 1, 2, 1980; Ord. 94-O-133 § 1, 1994)

§ 23.89.030. Location. ¶

Adult entertainment facilities shall be permitted only as follows:

(1) In the C-2, community commercial, zones;
(2) No closer than one thousand (1,000) feet from any similar use;
(3) No closer than one thousand (1,000) feet from any parcel of land which contains a school, park, playground, public building or place of worship;

(4) No closer than five hundred (500) feet from any residentially zoned property. (Ord. 80-O-114 § 1, 1980; Ord. 80-O-123 § 3, 1980; Ord. 86-O-112, 1986)

§ 23.89.040. Off-street parking. ¶

The provisions of Chapter 23.78 shall apply in determining the amount of parking space required. (Ord. 86-O-112, 1986)

§ 23.89.050. Review by planning commission. ¶

(a) The planning commission shall review all applications for adult entertainment facilities for compliance with the purpose and criteria of this chapter. There shall be a public hearing during which evidence may be presented concerning potential secondary physical, social and economic impacts of the use on neighboring properties.
(b) The planning commission shall give notice of the time and place of any review by at least one (1) publication in a newspaper of general circulation within the city at least ten (10) calendar days prior to such a review. In addition, notices shall be posted on the property at least five (5) days before the date set for the review.
(Ord. 86-O-112, 1986)