A. 
It is the purpose and intent of this Chapter to regulate the operations of sexually-oriented businesses, which have judicially recognized adverse secondary effects, including, but not limited to, increases in crime in the vicinity of adult businesses; decreases in property values in the vicinity of adult businesses; increases in vacancies in residential and commercial areas in vicinity of adult businesses; interference with residential property owners' enjoyment of their properties; and the deterioration of neighborhoods.
B. 
Special regulation of these businesses is necessary to prevent these adverse secondary effects while at the same time protecting the First Amendment rights of those individuals who desire to own, operate or patronize adult businesses.
C. 
It is therefore the purpose of this Chapter to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses or their close proximity to incompatible uses, while permitting the location of sexually-oriented businesses in certain areas.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
Adult-oriented merchandise.
Any goods, products, commodities or other ware, including, but not limited to videos, CDs, DVDs, computer disks or other storage devices, magazines, books, pamphlets, posters, cards, periodicals, or nonclothing novelties which are distinguished or characterized by an emphasis upon the depiction, simulation, or acting out of specified sexual activities or specified anatomical areas.
Designated Commercial Districts.
Shall mean the MUB, MUBL, GC, Bergamot, and Downtown Districts.
Distinguished or characterized by an emphasis upon.
The dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas.
Establishment of a sexually-oriented business.
A sexually-oriented business shall mean and include any of the following:
1. 
The opening or commencement of any sexually-oriented business as a new business;
2. 
The conversion of an existing business, whether or not a sexually-oriented business, to any sexually-oriented business defined herein;
3. 
The addition of any of the sexually-oriented businesses defined herein to any other existing sexually-oriented business; or
4. 
The relocation of any such sexually-oriented business.
Regularly features.
A regular and substantial course of conduct. Live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical area or specified sexual activities which occur on four or more occasions within a thirty-day period; six or more occasions within a sixty-day period; or eight or more occasions within a one hundred eighty day period shall be deemed to be a regular and substantial course of conduct.
Religious institution.
A church, convent, monastery, synagogue, mosque, or other place of religious worship.
Residential Districts.
Shall mean the R1, R2, R3, R4, OF, OP1, OPD, OP2, OP3, and OP4 Districts or any other district designated by the City Council as a residential district.
School.
Any child care and early education facility or day care center, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, charter school, or any special institution of education or work training program for physically and mentally disabled adults, but does not include a vocational or professional institution of higher education, including a community or junior college, or college or university.
Sexually-oriented businesses.
Sexually-oriented business shall mean any of the following:
1. 
Adult arcade.
An establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by 5 or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction, simulation, or acting out of specified sexual activities or specified anatomical areas.
2. 
Adult cabaret.
A nightclub, restaurant, or similar business establishment which:
a. 
Regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities;
b. 
Regularly features persons who appear semi-nude; or
c. 
Shows films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction, simulation, or acting out of specified sexual activities or specified anatomical areas.
3. 
Adult hotel/motel.
A hotel or motel or similar business establishment offering public accommodations for any form of consideration which:
a. 
Provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction, simulation, or acting out of specified sexual activities or specified anatomical areas; and
b. 
Rents, leases, or lets any room for less than a six-hour period, or rents, leases or lets any single room more than twice in a twenty-four hour period.
4. 
Adult motion picture theater.
A business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction, simulation, or acting out of specified sexual activities or specified anatomical areas.
5. 
Adult retail use establishment.
An establishment that has thirty percent or more of its stock in adult-oriented merchandise.
6. 
Adult theater.
A theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.
Specified sexual activities.
Specified Sexual Activities shall mean:
1. 
Human genitals in a state of sexual stimulation or arousal;
2. 
Sex acts, actual or simulated, including acts of masturbation, sexual intercourse, oral copulation, or sodomy;
3. 
Fondling or other erotic touching of human genitals, pubic region, buttock, anus, or female breasts; or
4. 
Excretory functions as part of or in connection with any of the other activities described in paragraphs (1) through (3) of this subsection.
Specified anatomical areas.
Specified anatomical areas shall mean:
1. 
Less than completely and opaquely covered:
a. 
Human genitals, pubic region;
b. 
Buttock; and
c. 
Female breast below a point immediately above the top of the areola; or
2. 
Human male genitals, less than completely and opaquely covered, or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
3. 
Any device, costume, or covering that simulates any of the body parts included in paragraph (1) or (2) of this subsection.
Stock.
Stock shall mean any of the following:
1. 
The business devotes thirty percent or more of the retail floor area to adult-oriented merchandise.
2. 
The business devotes thirty percent or more of its annual retail inventory (measured by the number of items or the consumer retail price of the inventory) to adult-oriented merchandise.
3. 
The retail value of merchandise that is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas is thirty percent or more of the total retail value of inventory offered in each of the following categories:
a. 
Books;
b. 
Magazines;
c. 
Video tapes or any material in digital format including, but not limited to, compact disc (CD) or digital video disc (DVD), for sale or rental;
d. 
Nonclothing novelties and devices; and
e. 
On-premises viewing of images, films and/or videos.
4. 
Annual gross revenue derived from adult-oriented merchandise is thirty percent or more of the total gross revenue.
5. 
There is a rebuttable presumption that a business constitutes a sexually-oriented business where the business:
a. 
Offers or advertises merchandise that is distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas; and
b. 
Fails to make revenue and inventory related business records available to the City upon reasonable advance notice.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A. 
It shall be unlawful to operate or cause to be operated a sexually-oriented business except as provided in this Code:
1. 
Sexually-oriented businesses shall be considered a permitted use only in designated commercial districts. Sexually-oriented businesses shall be prohibited in all other zoning districts in the City.
2. 
Within the designated commercial districts, no person shall cause or permit the establishment of any sexually-oriented business within 500 feet of any, religious institution, school, public park, public library, public playground, or residential district, or within one thousand feet of another sexually-oriented business.
B. 
The required separation distance between sexually-oriented businesses and any of the uses specified above shall be measured in a straight line from the closest points on the property lines of each site.
C. 
No more than one sexually-oriented business may be operated or maintained in the same building, structure, or portion thereof.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
The following amortization provisions shall apply to nonconforming uses:
A. 
Any use of real property existing on September 27, 2005, which does not conform to the provisions of this Chapter, but which was constructed, operated and maintained in compliance with all previous regulations governing sexually-oriented uses, shall be regarded as a legal nonconforming use which may be continued until November 24, 2006.
B. 
The owner or operator of a nonconforming use may apply to the City Council for an extension of time within which to terminate the nonconforming use. An extension shall be for a reasonable period of time commensurate with the investment involved and shall be approved if the City Council makes all of the following findings or such other findings as are required by law:
1. 
The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to September 27, 2005.
2. 
The applicant will be unable to recoup said investment as of November 24, 2006.
3. 
The applicant has made good faith efforts to recoup the investment and to relocate the use to a location to meet the requirements of this Chapter.
C. 
For purposes of this section, in the case of 2 adult uses located within one thousand feet of one another, that use which was first lawfully established and is otherwise in conformity with this Chapter, shall be entitled to continue in its present location.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A. 
The City shall act upon any application for a business license to operate a sexually-oriented business within 30 days. The failure to act on the application within 30 days shall be deemed an approval unless the applicant voluntarily agrees to extend the time for the City to act upon the application. The City shall approve the business license application unless it is determined that:
1. 
The applicant, its employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application or in any report or record required to be filed with the Finance Department.
2. 
The application does not contain the information required by this Chapter or Article 6 of this Code.
3. 
All required fees have not been paid.
4. 
The operation of the sexually-oriented business is or would be in violation of one or more provisions of this Chapter.
5. 
The premises where the sexually-oriented business is or would be located does not comply with all applicable laws, including, but not limited to the City's building, health, zoning and fire ordinances.
6. 
A business license for the operation of the sexually-oriented business has been issued to the applicant, a partner of the applicant or a stockholder of the applicant which stockholder owns more than 10% of the applicant's corporate stock, which business license has been suspended and the period of suspension has not yet ended.
B. 
Notice of the business license denial shall be in writing and shall state the grounds for denial. Notice shall be personally served to the business license applicant or mailed to the address listed on the application form.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
The City may condition issuance of a business license to ensure compliance with the provisions of this Chapter and other standards and regulations of the City's Municipal Code applicable to the operation of a sexually-oriented business. Each business license shall be valid only:
A. 
For the business owner(s) specified in the business license application.
B. 
For the business name for the sexually-oriented business listed in the business license application.
C. 
For the specific type of sexually-oriented business described in the business license application.
D. 
For the specific location described in the business license application.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A. 
No business license issued in compliance with this Chapter shall be assigned or transferred without the prior written approval of the City. The applicant shall apply for a transfer on a form provided by the City and shall pay the application processing fee established by Council resolution for a new sexually-oriented business.
B. 
An application for approval of a transfer of a business license shall be required prior to any change in an interest in a partnership or ownership of 10% or more of the stock of a corporation to any person not listed on the original approved application.
C. 
An application for transfer of a business license may be denied for any of the grounds specified for denial of an original business license application.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A sexually-oriented business authorized by this Section shall not display any signs, advertising, posters, photographs, graphic representations or adult-oriented merchandise that can be viewed by persons off the site and which depict specified sexual activities or specified anatomical areas.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
Anyone seeking judicial review of any administrative action under this Chapter may seek a writ of mandate for prompt judicial review of such administrative action pursuant to California Code of Civil Procedure Section 1094.8.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)