Shafter Zoning Code § 11.20 Applicability (CA)

The provisions of this Chapter shall apply to the activities and land uses specified by this Chapter in addition to any standards and regulations established by this Title which may also be applicable to these specified land uses or activities.

11.30 ADULT ENTERTAINMENT

Applicability

For the purposes of this Section and Title, Adult Entertainment Business shall refer to the following businesses and activities as defined in Chapter 1.

Adult Arcade

Adult Bookstore

Adult Cabaret

Adult Model Studio

Adult Motel or Hotel

Adult Motion Picture Theater

Adult Theater

Other Adult Entertainment Businesses

General Provisions
- a. Adult oriented businesses may be permitted in compliance with the provisions of this Section where the Land Use Designation of the General Plan for the subject property is Industrial and where the zone

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district in which the subject property is located is Industrial, subject to the limitations and design standards specified within said Industrial zone district in accordance with the provisions of this Title.

3. Development Standards

a. Distance Requirements

The distances provided in this Section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property upon which the proposed land use is to be located to the nearest point of the property from which the proposed land use is to be separated.

b. Adult-oriented businesses shall not be established or conducted within:
- (1) 1,000 feet of any residential zone district;
- (2) 1,000 feet of any funeral parlor, mortuary, or similar facility;
- (3) 1,000 feet of a public or private school for minors;
- (4) 1,000 feet of a licensed day care facility for minors;
- (5) 1;000 feet of a church, synagogue or other place of worship;
- (6) 1,000 feet of a park, library, or public facility;
- (7) 1,000 feet from any other adult entertainment business; and
- (8) 1,000 feet of any hotel, motel, or any other transient lodging.

c.

Exterior Display

No adult entertainment business shall be operated in a way that permits observation of material depicting or describing “Specified Anatomical Areas” or “Specified Sexual Activities”, as defined in this Title, from any location outside of the building in which an adult entertainment business is operating.

d. Advertising structures, advertisements, displays or other promotional material depicting “specified anatomical areas” or “specified sexual activities” or displaying instruments, devices or paraphernalia which are designed for use in connection with “specified sexual activities” shall not be visible from the outside of a building, Further, no building shall be painted in garish colors or such other fashion that will effectuate the same purpose as a sign.
e. All building openings, entries and windows for adult-oriented businesses shall be located, covered, or screened in a manner to prevent a view into the interior from any exterior public or semipublic area.

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f. No loudspeakers or sound equipment shall be used for adult-oriented businesses

Establishment of an Adult-Oriented Business

The establishment of an adult-oriented business shall 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 to an adult-oriented business.
c. The addition of any adult-oriented business to any existing adultoriented 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 by use of an adjacent building or any portion thereof, whether located on the same or an adjacent lot or parcel of land.

An interior sign, with a minimum surface area of four (4) square feet, shall be posted in a prominent location inside the adult entertainment business, stating, in English and Spanish:

“Penal Code Section 314 (Indecent exposures: Exhibitions: Penalty.) Every person who willfully and lewdly, either:

a. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or,
b. Procures, counsels, or assists any person to expose himself or take part in any model artist exhibition, to make any other exhibition of himself to public view, to view any number of persons engaged in actions deemed an offense to decency, or be adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor.

Operational Requirements

a. All activities pertaining to the operation of an adult entertainment business shall be conducted inside the walls of the proposed building and shall be out of sight and sound from any location outside the building. This shall not apply to approved outdoor signage, for the purpose of notifying potential customers of the business.
b. Within the adult entertainment business, all image producing devices shall be located so that the machines are open to view from any side and are without obstructions or separations that would block from open sight, any patrons using said machines.

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c.

A responsible adult shall be present on the premises at all times and shall observe and supervise the use of all image-producing devices and all areas of the business available to public access. Adult entertainment businesses containing over 40 image-producing machines shall require the presence of two (2) responsible adults to observe and supervise all areas of the business available to public access.

d. Facility Design Requirements

All adult entertainment businesses, other than such businesses that are established as a tenant within an industrially zoned center containing multiple tenants, shall be designed and constructed to blend into, and appear as an integral part of, the built environment that characterizes the surrounding area.

e. Exclusion of Minors

Access to any adult entertainment business by a minor shall be prohibited. A sign shall be posted on all entrances restricting inclusion or entrance of minors. No minors shall be employed by any adult entertainment business nor permitted entrance into the premises.

f.

Minimum Lighting

No person shall operate an adult entertainment business, excluding Adult Motion Picture Theaters, unless a light level of not less than two (2) foot candles at floor level is maintained in every portion of said establishment to which the public is admitted.

g. Maximum Occupancy Load

No person shall operate an adult entertainment business in which the number of persons in any room or partitioned portion of a room where an image-producing device is located exceeds one (1) person per thirty (30) square feet. The maximum occupancy permitted in any room or partitioned portion of a room in which any image-producing device is located shall be conspicuously posted by the operator and shall remain posted at the entrance of said room.

h. Maximum Number of Devices

No person shall operate an adult entertainment business in which the number of image-producing devices exceeds the maximum occupancy load permitted in any room or partitioned portion of a room in which an image-producing device is located.

i. Free Access to Law Enforcement, Fire, Health and Safety Personnel, City Inspectors

No person shall deny access to an adult entertainment business for the purpose of a reasonable inspection to enforce compliance with

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building, fire, electrical, health or plumbing regulations or California State Law.

j. Other Remedies

The provisions of subsection “j” are to be construed as added remedies not in conflict with or derogation of any other actions or proceedings or remedies otherwise provided by law.

Nonconforming Establishments
- a. Any adult entertainment business established and conducted as a lawful business and a lawful use at the time this Title became effective, has been in continuous operation since that time, and is not in conformance with the requirements of this Title shall be recognized as a legal non-conforming use.

b. Any non-conforming adult entertainment use shall not be enlarged or changed by any of the following means, unless such a change will bring the business into full compliance with the requirements of this Section:
- (1) Increase in the size of the floor area or use area of a building or portion of a building in which the business is located;
- (2) Use of an adjacent building in whole or part, whether on the same lot or an adjacent lot;
- (3) Conversion of an existing adult entertainment business to any other adult entertainment business; and
- (4) Addition of another adult entertainment business to an existing adult entertainment business.
- c. The establishment of any land use specified in Section 11.30.3.b. of this Chapter, within the proscribed distances to an existing adultoriented business, shall not, by establishment of that land use, require the removal of the adult-oriented business, provided that the adultoriented business is a legal use or a legal nonconforming use and is in conformance with all provisions of this Title and other applicable ordinances and statutes.

Regulations Non-Exclusive
- a. Nothing in this section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City ordinance or Statute of the State of California regarding public nuisance, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or public display thereof.
- b. The regulations set forth in this section are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any

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other regulations pertaining to the operation of adult entertainment establishments set forth elsewhere in applicable ordinances.

Display of harmful material to minors prohibited.
- a. It shall be unlawful to display, cause to be displayed, or permit to be displayed for commercial purposes any harmful matter in any public place except for a public place from which minors are excluded.
- b. Harmful matter is not considered to be displayed if it is located in an area which places such material reasonably beyond the reach of a minor and a device, commonly known as a blinder rack, is placed in front of such harmful matter.
- c. Any person who sells or rents video recordings containing harmful matter shall comply with Penal Code Section 313.1.(e) which requires the creation of a separate area within a business establishment for the placement of such video recordings for display of any material advertising the sale or rental of such video recordings. Additionally, any harmful matter, placed or displayed in that separate area, must be obscured by a blinder rack if the harmful matter can be viewed by persons outside that area.
- d. Any newsrack, which offers harmful matter for sale, must place a blinder rack in front of such harmful matter so as to obscure the lower two-thirds of the material displaying said harmful matter. For purposes of this subsection, a wrapper which obscures the lower two-thirds of the material and which is fastened securely to the material may be used in lieu of a blinder rack.