The purpose of this chapter is to regulate adult businesses which, unless closely regulated may have serious secondary effects on the community. These secondary effects include, but are not limited to, the following: depreciation of property values, deterioration of neighborhoods, increases in vacancy rates in residential and commercial areas, increases in incidences of criminal activity, increases in litter, noise, and the interference with residential property owner's enjoyment of their property in the vicinity of such businesses. It is the Board's intent to prevent community-wide adverse impacts which can be brought about by the concentration of adult businesses in close proximity to each other or proximity to incompatible uses such as schools, churches, parks, public facilities and buildings and residentially zoned uses. The Board finds that it has been demonstrated in various communities that the concentration of adult businesses causes adverse impacts described above and can cause businesses and residents to move elsewhere. It is, therefore, the further purpose of this chapter to establish reasonable and uniform regulations to prevent the concentration of adult businesses or their close proximity to incompatible uses, while permitting the location of adult businesses in certain areas.
(Ord. CS 607 §1(part), 1995)
A. 
"Adult businesses" include the following:
1. 
Any business conducted for the entertainment of adults, engaged in the selling, renting, or displaying of publications depicting the specified anatomical areas or specified sexual activities described herein or other material of a sexually explicit nature. Included in the definition is any business, that as substantial or significant course of conduct, sells, offers for sale, rents, exhibits, shows or displays publications depicting the anatomical areas or specified sexual activities described herein or other material of a sexually explicit nature. Also included in this definition is any business selling, renting, or displaying sexually oriented devices intended for use in the specified sexual activities.
2. 
A particular business at a particular location that sells, offers for sale, rents, exhibits, shows or displays specified anatomical areas or specified sexual activities in the form of a book, magazine, newspaper, pamphlet, film video or any other form or medium, or sexually oriented devices intended for use in the specified sexual activities, which receives 25% or more of the gross revenue from, or devotes 25% or more of the stock on hand or 25% or more of the gross floor area to such activity, is presumed to be engaging in "substantial or significant" conduct with respect to such activity.
3. 
Any business wherein the selling of any food or beverage served by employees engaged m partial or total nudity or exposed specified anatomical areas.
4. 
Any business conducted for the entertainment of adults wherein an employee, patron or any other person engages in or are shown specified sexual activities or exhibit or engage in partial or total nudity or otherwise expose specified anatomical areas.
5. 
Any business, which as a substantial or significant portion of its business, provides live or filmed entertainment wherein specified anatomical areas of the human anatomy are exposed.
B. 
"Specified anatomical areas" include any of the following, whether actual or simulated: (1) Less than completely and opaquely covered: (a) human genitals or pubic region, (b) buttock, and (c) female breast below a point immediately above the top of the areola; or (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
C. 
"Specified sexual activities" means and includes any of the following (1) the fondling or sexual touching of human genitals, pubic regions, buttocks, anus, or female breasts; or (2) sex acts, normal or deviant, actual or simulated, including intercourse, oral copulation, or sodomy; or (3) masturbation, actual or simulated; or (4) excretory functions as part of, or in connection with, any of the activities set forth above.
D. 
Adult business may not sell or display "obscene matter," as that term is defined by Penal Code Section 311 or its successors, and may not exhibit "harmful matter," as that term is defined by Penal Code Section 313 or its successors, to minors.
(Ord. CS 607 §1(part), 1995)
A. 
Adult businesses shall not be located within five hundred feet of any of the following whether or not located within the unincorporated areas of the county:
1. 
Any real property located in the following districts: R-A (rural residential), R-1 (low-density residential), R-2 (medium-density residential), R-3 (multiple family residential), P-D (planned development), C-1 (neighborhood commercial), H-1 (highway frontage), LM (limited industrial), P-1 (planned industrial), H-S (historical site), or equivalent zoning in any other jurisdiction.
2. 
Any public or private school.
3. 
Any church, chapel, or other publicly recognized place of worship.
4. 
Any park or building used by the public and owned by a public entity.
5. 
Any residence and curtilage in any zoning district.
6. 
Any parcel of land owned by a school district, church, chapel, or public entity.
7. 
Any privately owned recreation area, amusement park or sports facility.
8. 
Any motion picture theater.
(Ord. CS 607 §1(part), 1995; Ord. CS 621, 1995)
A. 
The following development standards shall apply to all adult businesses:
1. 
No adult business shall be located in any temporary or portable structure.
2. 
Trash dumpsters shall be enclosed by a screening enclosure so as not to be accessible to the public.
3. 
Off-street parking shall be as specified in Chapter 21.76.140 or 21.76.150.
4. 
The entire exterior grounds, including the parking lot and landscaped areas, shall be lighted in such a manner that all areas are clearly visible at all times.
5. 
Any signage shall conform to the requirements of Chapters 2 1 .56.020 F., 21.56.040 G., 21.60.020 E. and 21.08.070, and shall not contain sexually oriented photographs, silhouettes, or other pictorial representations.
6. 
All entrances to an adult business shall be clearly and legibly posted by a notice indicating that minors are prohibited from entering the premises.
7. 
(a) 
No residential structure or any other nonconforming structure shall be converted for use as an adult business.
(b) 
No residence, apartment, living quarters or mobile home shall be located on the parcel where an adult business is located.
B. 
The following performance standards shall apply to all adult businesses:
1. 
California Code of Regulations, Title 4, Article 22, Sections 143.2, 143.3 and 143.4 or its successors, are hereby adopted and shall regulate the attire and conduct of employees and entertainers; including visual displays.
2. 
The adult business shall not conduct or sponsor any special events, promotions, festivals, concerts, or similar activities which would create a demand for parking spaces beyond the number of spaces required for the business.
3. 
The traffic generated by the adult business shall not overload the capacity of the surrounding street system and shall not create a hazard to public safety, as determined by the Stanislaus County Public Works Department.
4. 
No adult business shall be operated in any manner that permits the observation of any persons or material depicting, describing or related to "specified sexual activities" or "specified anatomical areas," inside the premises, from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening.
5. 
No loudspeakers or sound equipment shall be used by an adult business for the amplification of sound to a level audible beyond the walls of the building in which the business is located.
6. 
All exterior areas of the adult business, including buildings, landscaping, and parking areas shall be kept free of trash and debris and maintained in a clean and orderly manner at all times.
7. 
Hours of operation shall be from 6:00 a.m. to 2:00 a.m.
8. 
Each adult business shall conform to all applicable laws and regulations, including obtaining a County business license.
(Ord. CS 607 §1(part), 1995)
No adult business shall commence operation until an application for an adult business permit is approved by the Planning Director or designee following the procedures set out in the following sections.
(Ord. CS 607 §1(part), 1995)
An application for an adult business permit shall include the following:
A. 
Name, permanent address and telephone number of applicant.
B. 
The name, business address and telephone number for the applicant. If the applicant is a corporation, the name shall be exactly as set forth in its Articles of Incorporation, and the applicant shall show the name and residence address of each of the officers, directors, and each stockholder owning 25% or more of the stock of the corporation. If the applicant is a partnership, the application shall show the name and residence address of each of the members, including limited partners.
C. 
Name(s) and address(es) of the property owner(s).
D. 
Assessor's parcel number(s).
E. 
Legal description of the property.
F. 
A site development plan drawn at the scale specified by the Planning Director, which includes the following information:
1. 
Location of all existing buildings, structures, and improvements on the property;
2. 
Location of all proposed buildings, structures, and improvements on the property;
3. 
Existing and proposed streets and highways bordering and within the boundaries of the property;
4. 
Location of existing and proposed parking areas;
5. 
Proposed landscaping;
6. 
North arrow;
7. 
Scale.
G. 
Elevations and floor plans of proposed buildings or structures including any existing or proposed signs related to the adult business drawn to scale.
H. 
A narrative description of the proposed use or development including:
1. 
Description of the nature of the proposed use or development and an explanation of how the proposed business will satisfy the applicable requirements set forth in Sections 21.68.020 through 21.68.040 of this chapter.
I. 
A letter of consent signed and notarized from all property owners.
J. 
A vicinity map showing specific land uses (houses, churches, public buildings, parcel lines, parcel sizes, etc.) for a 1,500 foot radius of the subject site.
K. 
The fee prescribed by the Board of Supervisors by ordinance or resolution for processing the application.
(Ord. CS 607 §1(part), 1995)
A. 
Once an application has been accepted as complete, the Planning Director or designee shall make a non-discretionary determination within 60 days.
B. 
For purposes of application processing, any application for a permit pursuant to this chapter is considered to be a ministerial permit and, as such, is not subject to the time frames specified in Section 65950 et seq. of the California Government Code, or the California Environmental Quality Act.
C. 
Once an application has been accepted as complete, the Director of Planning and Community Development shall refer the permit application to the following departments and agencies:
1. 
Public Works,
2. 
Development Services,
3. 
Sheriff,
4. 
Environmental Resources, and
5. 
County Executive Officer/Environmental Review Committee, who will review and comment within 30 days of the date of referral in their area of expertise and specialty as to the ability of the site to meet the criteria in Stanislaus County Code Section 21.68.040.
D. 
In considering an application for a permit pursuant to this chapter, the Planning Director or designee shall approve the permit only if it makes the following findings:
1. 
The adult business is consistent with the location, requirements and development and performance standards contained in this chapter; and
2. 
The adult business is located in a zoning district which lists adult businesses as a permitted use; and
3. 
The zoning district classification for the property is consistent with the applicable General Plan or Specific Plan designation for the property; and
4. 
The adult business structure does not contain any apartments or other living quarters; and
5. 
A permittee shall not transfer ownership or control of an adult business permit to any other person or entity. All changes in ownership shall require a new permit application and approval.
E. 
Permit issuance or non-issuance of application may be appealed pursuant to Chapter 21.112.
(Ord. CS 607 §1(part), 1995)
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Supervisors hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions be declared invalid or unconstitutional. If for any reason this or any part thereof shall be declared invalid or unconstitutional, then all other provisions thereof shall remain valid and enforceable.
(Ord. CS 607 §1(part), 1995)