Chapter 27.63 — ADULT ENTERTAINMENT BUSINESSES

The City Council finds that adult entertainment businesses, because of their very nature, are recognized as having objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Special regulation of these businesses is necessary to insure that these adverse effects will not contribute to blighting or downgrading of the surrounding neighborhoods. The primary purpose of this chapter is to prevent the concentration or clustering of these businesses in any one area.

(1) For purposes of this chapter, the "adult entertainment businesses" are defined as follows:

(a) Adult Book Store. "Adult book store" means an establishment having as a substantial or significant portion of its stock in trade, books, magazines 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 materials.

(b) Adult Motion Picture Theater. "Adult motion picture theater" means an enclosed building with a capacity of fifty or more persons 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.

(c) Adult Mini Motion Picture Theater. "Adult mini motion picture theater" means an enclosed building with a capacity for less than fifty persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

(d) Adult Hotel or Motel. "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.

(e) Adult Motion Picture Arcade. "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 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.

(f) Cabaret. "Cabaret" means a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" 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.

(g) Model Studio. "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.

(h) Sexual Encounter Center. "Sexual encounter center" means any business, agency or person who, for any form of consideration or gratuity, provides a place where three 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.

(i) Strip Tease Establishment. "Strip tease establishment" means any place to which the public is admitted or invited which features live performances, fashion shows, or demonstrations intended to amuse or entertain patrons, and distinguished or characterized by an emphasis on the removal of clothing of the participants; provided, however, that this subsection shall have no application to fashion shows conducted in establishments whose principal business activity is the sale of goods other than food or drink for on-premises consumption.

(j) 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.

(2) For the purposes of this chapter, "specified sexual activities" includes the following:

(a) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

(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;

(d) Fondling or touching of nude human genitals, pubic region, buttocks or female breast;

or

(e) Masochism, erotic or sexually oriented torture, beating or the infliction of pain, or

(f) Erotic or lewd touching, fondling or other contact with an animal by a human being; or

(g) Human excretion, urination, menstruation, vaginal or anal irrigation.

(3) For purposes of this chapter, "Specified anatomical areas" include the following:

(a) Less than complete and opaquely covered (1) human genitals, pubic region; (2) buttock; and (3) female breast below a point immediately above the top of the areola; and

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

(a) In those land use districts where the adult entertainment businesses regulated by this chapter would otherwise be permitted uses, it is unlawful to establish any such adult entertainment business if the location is:

(1) Within five hundred feet of any area zoned for residential use;

(2) Within one thousand feet of any other adult entertainment business; or

(3) Within one thousand 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 principally characterized by the offering of goods or services to minors.

(b) The establishment of any adult entertainment business includes the opening or reopening (closed for any such reason) and any transfers of the business as a new business, the relocation of such business, or the conversion of an existing business location to any adult entertainment business use.