Tehama Municipal Code Ch. 6.04 Adult Entertainment Businesses

A. The board of supervisors finds that "adult entertainment businesses," because of their very nature, are recognized as having objectional characteristics particularly when such businesses are conducted in close proximity to areas devoted to residential, school, church, public service buildings and nonadult recreational and business uses, having a deleterious effect upon areas devoted to such uses.

B. Special regulation of these businesses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods.

C. Among the purposes of the regulation is to prevent the concentration or clustering of these businesses in any one area.

(Ord. 1137 §1, 1981)

A. As used in this chapter, the "adult entertainment" businesses are defined as follows:

1. "Adult bookstore" shall mean 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.

2. "Adult hotel or motel" shall mean 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."

3. "Adult motion picture arcade" shall mean any place to which the public is permitted or invited wherein coin-operated 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."

4. "Adult motion picture theater" shall mean 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.

5. "Adult minimotion picture theater" shall mean 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.

6. "Cabaret" shall mean 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."

7. "Massage parlor" shall mean any establishment where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs.

8. "Model studio" shall mean 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.

9. "Sexual encounter center" shall mean 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."

10. "Adult entertainment businesses" shall also mean 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."

B. As used in this chapter, "specified anatomical areas" shall include the following:

1. Less than completely and opaquely covered:

a. Human genitals,

b. Buttocks, and

c. Female breast below a point immediately above the top of the areola; and

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

C. As used in this chapter, "specified sexual activities" shall include the following:

1. 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: analingus, buggery, coprophagy, cunnilingus, coprophilia, 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.

(Ord. 1137 §§2-4, 1981)

A. In those land use districts where the "adult entertainment" businesses would otherwise be permitted uses, it shall be unlawful to establish any such "adult entertainment" business if the location is:

1. Within one thousand feet of any area dedicated to a residential occupancy use;

2. Within one thousand five hundred feet of any other "adult entertainment business"; or

3. Within one thousand five hundred 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 likely to be used by minors.

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

(Ord. 1137 §5, 1981)

A. Any property owner or his authorized agent may apply to the planning commission for a waiver of any locational provisions contained in this chapter using the conditional use permit process. The planning commission, after a hearing, may waive any locational provision, if the following findings are made:

1. That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this chapter will be observed;

2. That the proposed use will not encourage the development of a "skid row" area;

3. That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal;

4. That all applicable regulations of the county code will be observed.

B. The procedure for this hearing shall be the same as that provided in Section 4100 et seq. of the county code.

(Ord. 1137 §6, 1981)