Sutter County Municipal Code Ch. 465 Regulation of Adult Entertainment Businesses

It has been demonstrated that various forms of adult businesses as herein defined, possess certain objectionable operational characteristics which can have a deleterious effect upon neighboring land uses and on areas in close proximity thereto. It has also been demonstrated that locating certain adult entertainment businesses in the vicinity of facilities frequented by minors, exposes minors to adult materials, which because of the minors' immaturity may adversely affect them. In addition, it is recognized that certain adult entertainment facilities can be detrimental to residential neighborhood areas and can, if not properly controlled and regulated, result in the deterioration of existing businesses in commercial areas that are the subject of current revitalization efforts, will adversely affect such efforts by discouraging new businesses from locating in such areas and will, in addition, adversely affect the rehabilitation of existing commercial business within those areas. Regulation, therefore, of adult businesses is necessary from a land use standpoint to insure that the adverse effects of such uses will not contribute to the blighting, deterioration or the downgrading of surrounding neighborhoods or the efforts to revitalize existing commercial areas within the unincorporated areas of the County. It is the purpose and intent of the Board of Supervisors by the enactment of this ordinance to prohibit the establishment of any use which qualifies as an adult entertainment business as herein defined in any unincorporated area of the County save and except within the established commercial-industrial districts (C-M). It is the objective of the Board of Supervisors by this ordinance to prohibit any such adult entertainment business from being established which may be in conflict with the provisions of this ordinance.

Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this Section for the purposes of this Chapter.

Adult entertainment businesses are defined as follows:

(a) Adult Book Store. An adult book store is 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. An enclosed building with a capacity of 50 or more persons used for presenting a preponderance of films whose dominant or predominant character and theme is the depiction or description of "specified sexual activities" or "specified anatomical areas."

(c) Adult Mini-Motion Picture Theater. An enclosed building with a capacity of less than 50 persons used for presenting a preponderance of films whose dominant or predominant character and theme is the depiction or description of "specified sexual activities" or "specified anatomical areas."

(d) Adult Hotel or Motel. A hotel or motel wherein material is regularly presented which has as its dominant or predominant theme the depiction or description of "specified sexual activities" or "specified anatomical areas."

(e) 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 to five or fewer persons per machine at any one time, and where the preponderance of images displayed have as their dominant or predominant theme the depiction or description of "specified sexual activities" or "specified anatomical areas."

(f) Cabaret. A nightclub, theater, or other establishment which features live performances by topless and/or bottomless dancers, strippers, or similar entertainers, where the dominant or predominant character or theme of such performances is the depiction of description of "specified sexual activities" or "specified anatomical areas."

(g) Model Studio. 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. 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) Other. Any other business or establishment which offers its patrons services or entertainment whose dominant or predominant character and theme is the performance of "specified sexual activities" or depiction of "specified anatomical areas."

([862] Ord. 881, Sec. 3; July 20, 1982; [862,881] Ord. 1386, Sec. 2; Aug. 17, 2004)

(1) Actual or simulated sexual intercourse, oral copulation, and intercourse, oral anal copulation, beastiality, 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: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

(2) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

(3) Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

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

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

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

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

([862]Ord. 881, Sec. 3; July 20, 1982)

(1) Less than completely and opaquely covered (a) human genitals, pubic region; (b) buttocks, and (c) female breast below a point immediately above the top of the areola; or

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

The location of any adult entertainment business as defined in this Chapter shall be permitted only in the C-M (commercial-industrial) districts as defined in Chapter 1500-4310 of the Sutter County Ordinance Code, notwithstanding the language in §1500-4612(a).

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

(a) Within 600 feet of a residential zone; or

(b) Within 600 feet of any other adult entertainment facility; or

(c) Within 1,000 feet of any public or private school, park, playground, public building, church, any non-commercial establishment operated by a bona fide religious organization, bowling alley, pinball center, or electric game center.

The establishment of any adult entertainment business shall include the opening of such a business as a new business, the relocation of such business, or the conversion of an existing business location to any adult entertainment business use.

No person shall cause or permit the establishment of any adult entertainment business as defined in §465-020 of this Chapter at any place within the unincorporated areas of the County except in those areas defined in §465-060.

The establishment of an adult entertainment business shall include the opening of such business as a new business, the relocation of such business, or the conversion of an existing business location to any of the uses defined in §465-020 of this Chapter.

Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment for a period of not more than six months in the County Jail or by both such fine and imprisonment.

Adult entertainment businesses as described in this Chapter shall not erect any sign or display or exhibit any material depicting any "specified sexual activities" or "specified anatomical areas" which exposes said material to the view of persons outside the building in which said adult entertainment business is located. The only sign permitted with respect to the operation of any such business shall be a single unlighted sign no larger than six square feet.

([862] Ord. 881, Sec. 3; July 20, 1982)