Yuba County Municipal Code Ch. 6.02 Adult Bookstores

No person shall operate an adult bookstore in proximity to a school.

(Prior Code, § 6.02.010; Ord. No. 767)

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

(1) Adult bookstore means a place situated in the unincorporated area of the County of Yuba, in any part of which place the operator thereof keeps for purposes of sale, trade, advertising or display to persons who enter such place, matter which is harmful matter or matter which is of a nature which would justify the finding by a grand jury or by a magistrate that there is a probable cause to believe such matter to be harmful matter.

(2) Harmful matter means matter, taken as a whole, the predominant appeal of which to the average person, applying contemporary standards, is to prurient interest, i.e., a shameful or morbid interest in nudity, sex, or excretion and is a matter which taken as a whole goes substantially beyond customary limits of candor in description or representation of such matters and is matter which taken as a whole is utterly without redeeming social importance for minors.

(3) Matter means any book, magazine, newspaper or other printed or written material, any picture, drawing, photograph, motion picture or other pictorial representation, any stature, sculpture or other inanimate three-dimensional figure, any recording, transcription, or mechanical, chemical or electrical reproduction, and any other articles, equipment, machines or materials.

(4) Operate an adult bookstore and operating an adult bookstore means to own, lease (as lessor or lessee), rent (as landlord, tenant or agent for the limited purpose described in the parenthetical clause or Subsection (a) of this Section), manage, operate, conduct, direct, or be employed in, an adult bookstore, having as one principal purpose of such status or activity the purpose of deriving income from such status or activity, knowing (or being in circumstances under which a reasonable person could be expected to know) the nature of the business of such adult bookstore and the nature of any part of the harmful matter kept therein. An "operator" of an adult bookstore is a person who is operating an adult bookstore or who attempts to operate an adult bookstore.

(5) Person means any individual, partnership, association or corporation, and any employee, agent or servant of any individual, (including but not limited to agents for the limited purpose of representing a principal in the management, rental or operation of the property of such principal).

(6) Proximity to means within a distance of 1,000 feet, measured in a straight line for the two points nearest to one another upon the respective property lines of the adult bookstore and the school which are the subject of such measurement and so situated as to justify the finding by a grand jury or by a magistrate that there is probable cause to believe that children under the age of 17 years and eligible to use any part of the should to which such measurement is referred are likely to have a reasonable opportunity to view any harmful matter which is or which is destined to be or which within one-half hour prior to such view was part of the stock in trade of the adult bookstore to which such measurement is referred (whether such harmful matter is contained within, or is being carried to or from, such adult bookstore) and that there is a substantial risk that such view may occur at a time when such children are not under the immediate custody and control of a parent or guardian and are lawfully using any part of such school or traveling to or from such use.

(7) School means "school building" (as defined in this Section) and the adjacent and surrounding grounds, campus, playgrounds and athletic fields owned or operated by the owner or operator of such adjacent or included school building and used or intended to be used by or for the benefit of the students for whose benefit such school building is maintained. "School" means any educational institution, not excluded by this Subsection or by the definition of person contained in this Section, publicly or privately owned or operated, the enrollment of which (when instruction is being conducted therein or thereon) is in substantial part composed of children under the age of 17 years. "School" includes nursery schools, schools for education of handicapped children, and schools for instruction of children in special subjects (including, but not limited to, crafts, arts, athletics, summer courses, vacation courses or weekend courses, and religious training). "School" does not include colleges, universities, business schools, or vocational schools (unless the enrollment of such vocational school is composed of children, more than 50 percent of whom are under the age of 17 years, and which is otherwise included within the foregoing definition of "School").

(8) School building means all structures, including utility systems or facilities necessary to the complete functioning of the structures, used for instructional purposes for children a substantial portion of whom are under the age of 17 years, or structures operated as school units for such children. "School building" includes classrooms (including assembly rooms and multipurpose rooms), gymnasium and athletic facilities (including locker rooms, shower rooms, swimming pools, field houses, bleachers, grandstands and floodlighting poles), libraries (including reading rooms and museums), administration buildings (including offices, bookrooms, students' stores, cafeterias, lunch shelters, bicycle shelters and dormitories), and sanitary facilities (including toilets and lavatory buildings), used or designed to be used for children a substantial portion of whom are under the age of 17 years.

(Prior Code, § 6.02.020; Ord. No. 767)