Sand City Municipal Code Ch. 9.24 Adult Entertainment Facilities

The City makes the following findings regarding the establishments of adult businesses:

A. Certain uses of real property, variously described as adult book stores, adult motion picture facilities, figure model studios, adult cabarets, adult motels, massage parlors, and tattoo parlors have serious objectionable characteristics which, if such uses were allowed to become concentrated in certain areas of the City, may have adverse effects upon the character of such areas and adjacent neighborhoods;

B. Permitting the concentration of such adult businesses in residential zones, or in zones adjacent to schools, churches, or public recreational areas, or within close proximity of such uses, may expose minors to such facilities and this may adversely affect such minors due to their immaturity;

C. Permitting the concentration of adult businesses may tend to create and foster a "skid row" atmosphere in neighborhoods and areas within the City;

D. Special regulation of adult business uses is necessary to insure that such uses do not become incompatible land uses, and, further, not contribute to the blighting or downgrading of zones in which they are a conditional use, therefore adversely affecting property values and deterring or interfering with the development and operation of other businesses within the City;

E. There is a higher incidence of crime, especially crimes against the person, in areas in which adult businesses are permitted to cluster or become concentrated, and that such crimes and the incidence thereof increase in the late evening and night hours, requiring increased effort on the part of public safety personnel to police such activities, with resulting costs to the City.

(Ord. 87-3 §1)

For the purpose of this chapter, the following definitions shall apply, unless the context otherwise requires:

"Adult business"

means an adult book store, adult motion picture facility, figure model studio, adult motel, adult cabaret, massage establishment, or tattoo parlor.

"Adult book store"

means an establishment having a substantial or significant portion of its stock in trade, books, magazines, or other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" (as defined in this section), or an establishment with a segment or section devoted to the sale or display of such material.

"Adult cabaret"

means an establishment which features topless-bottomless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.

"Adult motels"

means any establishment designated as or having the characteristics of a hotel, motel, or other transient lodging facility which has or proposes to have as a feature or service offered to its customers the presentation or entertainment in the form of motion picture film, video tape, closed circuit television, or any other similar means or device which is substantially similar thereto and provided for the purpose of displaying, showing, or depicting specified anatomical areas as defined in this section for observation or viewing by persons who are customers of such establishments. This section shall apply whether charge is made or consideration exchanged for the use of rooms within such establishments for overnight accommodations or for short-term admission to view the material described in this section.

"Adult motion picture facility"

means a facility used for presenting, whether by way of motion picture projection or television, or video equipment, or peep show device, material distinguished or characterized by an emphasis on matter depicting, describing, or related to specific sexual activities or specified anatomical areas for observation by patrons therein, whether in one or more auditoriums, drive-in theaters, booths, or rooms within such facility.

"Figure model studio"

means any premises where there is conducted the business of furnishing, providing, or procuring figure models who pose for the purpose of being observed, conversed with, or viewed by any person, or being sketched, painted, drawn, sculptured, photographed, or otherwise similarly depicted in the nude or seminude for persons who pay a fee, or other consideration, compensation, or gratuity, for the right or opportunity to converse with or converse with or so depict a figure model, or for admission to, or for permission to remain upon or as a condition of remaining upon the premises. "Figure model studio" shall not be construed to include for purposes of this definition, any studio which is operated by any state college, junior or community college, public or private school, or any governmental agency wherein the person, firm, association, partnership, or corporation so operating has met the requirements established by the State, for the issuance, or conferring, of, and is in fact authorized there under to issue and confer a diploma or honorary diploma.

"Massage"

means any method of pressure on, or friction against, or stroking, rubbing, kneading, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliance, or with or without the aid of such supplementary materials as rubbing alcohol, lineaments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in the practice of massage. "Massage" shall not be construed to include for purposes of this definition the methods of practice or the legitimate techniques of licensed physicians, chiropractors, physical therapists, or athletic trainers.

"Massage establishment"

means any establishment having a fixed place of business where any individual, firm, association, partnership, corporation, or combination of individuals, engages, in, conducts, carries on, or permits to be engaged in, conducted or carried on, massage, baths, or health treatments involving massage or baths as the principal functions.

"Specified anatomical areas"

means:

Less than completely and opaquely covered:

a.

Mature human genitals;

b.

Mature human buttock; and

c.

Mature human female breast below a point immediately above the top of the areola.

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

"Specified sexual activities"

means:

Mature human genitals in a state of sexual stimulation or arousal;

Acts of human masturbation, sexual intercourse, or sodomy;

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

"Tattoo parlor"

means any premises where there is conducted the business of tattooing an indelible mark or figure fixed upon the human body by insertion of pigment under the skin or by production of scars.

(Ord. 87-3 §2)

A. Adult business as defined in this chapter shall only be a conditional use in the C-2 (heavy commercial) zoning district, and in that district shall only be a conditional use subject to first obtaining a conditional use permit. In all other zoning districts, adult businesses are a prohibited use.

B. Adult businesses shall not display or exhibit any material depicting human genitals or specified sexual activities in which such book stores or motion picture theaters are located.

C. No adult business shall be located within a radius of 250 feet from any of the following:

1. A public or private school attended primarily by minors;

2. A church or other house of worship;

3. A public park or recreational facility frequented or utilized by minors, including but not limited to public parks, beaches, and recreational centers;

4. Any other adult business; and

5. Any property zoned or used for residential purposes.

D. Reference for computing these distances shall be the official Monterey County Assessor's maps.

(Ord. 87-3 §3)

A. Materials offered for public sale from news racks shall not be displayed in a manner which exposes to the public view photographs or illustrations of "specified activities" or of poses which emphasize or direct the viewer's attention to "specified anatomical areas." The provisions of this subsection shall not apply to any news rack placed in a location covered by Penal Code Section 313.1.

B. No person shall place, maintain, display, or exhibit, or permit the public view in any manner any material which exposes to public view photographs or illustrations of, "specified sexual activities" or of poses which emphasize or direct the viewer's attention to "specified anatomical areas." As used in this chapter, "exposed to public view" means exposed to the view of persons inside or outside the building in which such material is placed, maintained or displayed.

(Ord. 87-3 §4)

Any adult business, the location of which is otherwise permitted under this chapter, shall be a use subject to first obtaining a conditional use permit, as defined in Sections 18.68.010, 18.72.010, 18.72.020 and Chapters 18.74 and 18.76 of this code, subject to the requirements of those provisions in addition to the following criteria:

A. That the proposed use will not be contrary to the public health, peace, safety, morals, comfort, and general welfare of persons residing or working in the zone or district in which the use is proposed;

B. That the proposed use will not result in creating a "skid-row" atmosphere in zones or districts in which it is proposed.

(Ord. 87-3 §5)