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)