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.
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.
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.
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;
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:
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)