Note: Prior ordinance history; Ord. 1714.
See also Title 5, Chapter 5.22 of this code.
"Adult bookstore/adult video store/adult novelty store"
means any establishment which on a regular and substantial basis sells or rents, or offers for sale or rental, for any form of consideration, any one or more of the following:
(1) 
Books, magazines, periodicals or other printed matter, or photographs, films, sculptures, motion pictures, videocassettes, slides or other visual representations which are characterized by an emphasis on material depicting, describing or relating to "specified sexual activities" and/or "specified anatomical areas."
(2) 
Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities," including goods which are replicas of, or which simulate "specified anatomical areas" or "specified sexual activities," and goods which are designed to be placed on or in "specified anatomical areas."
"Adult business"
means a business which is conducted exclusively for the patronage of adults and as to which minors are specifically excluded from patronage, either by law and/or by the operators of such business, and which is characterized by an emphasis on "specified sexual activities" and/or "specified anatomical areas." Adult also means and includes any adult motion picture theater, adult bookstore/adult video store/adult novelty store, adult cabaret, adult dance studio, adult hotel or motel, adult theater, sexual encounter establishment, nude modeling studio, adult tanning salon, sex supermarket/sex mini-mall, and any other business or establishment that, on a regular and substantial basis, offers its patrons entertainment or services which involve, depict, describe or relate to "specified sexual activities" and/or "specified anatomical areas."
"Adult cabaret"
means a nightclub, bar, restaurant, bottle shop, or similar commercial establishment, whether or not alcoholic beverages are served, which, on a regular and substantial basis, features:
(1) 
Persons or entertainers who appear on stage;
(2) 
Live performances which are characterized by the exposure of "specified sexual activities" or "specified anatomical areas;" or
(3) 
Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
"Adult dance studio"
means any business or commercial establishment which provides for members of the public a partner for dance where the partner, or the dance, is distinguished or characterized by an emphasis on matter involving, depicting, describing or relating to "specified sexual activities" and/or "specified anatomical areas."
"Adult motel or hotel"
means a motel, hotel or similar commercial establishment offering public accommodations for any form of consideration which, on a regular and substantial basis:
(1) 
Provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions characterized by an emphasis on material depicting, describing or relating to "specified sexual activities" and/or "specified anatomical areas;" and/or
(2) 
Offers, rents, leases, or lets any room for less than a ten hour period; or
(3) 
Offers or allows a tenant or occupant to rent or subrent a sleeping room for a period of less than ten hours.
"Adult motion picture theater"
means any establishment where, for any form of consideration, one or more motion picture projectors, videocassette players, slide projectors or similar machines, for viewing by five or fewer persons each, are used on a regular and substantial basis to show films, motion pictures, videocassettes, slides or other photographic reproductions characterized by an emphasis on material depicting, describing or relating to "specified sexual activities" and/or "specified anatomical areas."
"Adult-oriented business or sexually oriented business"
shall have the same meaning in all respects as adult business and shall be subject to all conditions and requirements of an "adult business" as defined herein.
"Adult tanning salon"
means a business establishment where patrons receive tanning services in groups of two or more and where patrons or employees of the establishment expose specified anatomical areas. "Adult tanning salon" or "tanning parlor" shall also include a business establishment where a patron and an employee of the establishment are nude or expose "specified anatomical areas." An "adult tanning salon" or "tanning parlor" shall also include a business establishment where the employees thereof are nude or expose "specified anatomical areas" for any form of consideration.
"Adult theater"
means a theater, concert hall, auditorium or similar establishment which, for any form of consideration, and on a regular and substantial basis, features live performances which are characterized by an emphasis on "specified anatomical areas" and/or "specified sexual activities."
"Advertise"
means public notice or announcement of items or services through the use of newspaper, handbills, radio, television, or other means of public communication.
"Employee of an adult business"
means a person who works or performs, as an employee or as an independent contractor, in and/or for an adult business, regardless of whether said person is paid a salary, wage, or other compensation by the business.
"Entertainer" or "live entertainer"
means any person who is an employee or independent contractor of an adult business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult business.
"Escort"
means any person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a "striptease" for another person. "Escort" shall not include any person hired by a state licensed school for purposes of modeling in any art education class while such person acts in that capacity or any federal, state and/or city licensed limousine or taxi service.
"Escort agency"
means a person or business entity which furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for any form of consideration.
"Establishment of an adult business"
includes 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 it is a sexually oriented business, to any sexually oriented business;
(3) 
The addition of any sexually oriented business to any other existing sexually oriented business; or to another existing nonsexually oriented business, with or without expansion of floor area;
(4) 
The relocation of any sexually oriented business; or
(5) 
The substantial enlargement of the premises of an adult business.
"Figure model"
means any person who, for pecuniary compensation, consideration, hire, or reward, poses in a nude modeling studio to be observed, sketched, painted, drawn, sculpted, photographed or otherwise depicted.
"Notice"
means written notice given by personal service upon the addressee, or given by the United States mail, postage prepaid, addressed to the person to be notified at his or her last known address. Service of such notice shall be effective upon the completion of personal service, upon placing the same in the custody of the United States Postal Service.
"Nude modeling studio"
means a business which provides, for compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Nude modeling studio" does not include schools maintained pursuant to standards set by the State Board of Education, or any classroom of any school licensed under state law to provide art education while such classroom is being used in a manner consistent with such state license. "Nude modeling studio" further does not include a studio or similar facility owned, operated or maintained by an individual artist or group of artists, and which does not provide, permit or make available "specified sexual activities."
"Nudity" or "state of nudity"
means the showing or display of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered genitals in a discernable turgid state.
"Off-premises"
means any business where the primary services or entertainment are provided at a location or locations other than the premises of the subject business.
"Operate an adult business"
means the supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of an adult business or activities within an adult business.
"Operator of an adult business"
includes the owner, permit holder, custodian, manager, operator, or person in charge of any permitted or licensed business.
"Private viewing area"
means an area or areas in a sexually oriented business designed to accommodate no more than five or fewer patrons or customers for purposes of viewing or watching a performance, picture, show, film, videotape, slide, movie, or other presentation.
"Public nudity"
means "nudity" or a "state of nudity" that occurs in a business open to the public, whether or not a fee is charged for admission to such business.
"Public park"
means a park, playground, swimming pool, athletic field, or similar recreational facility within the city which is under the control, operation or management of the city or any other public agency.
"Regular and substantial basis"
means an activity or performance shall be deemed to be on a regular or substantial basis when it constitutes more than twenty five percent of the total performance time, stock-in-trade, revenue, floor space, advertisement or similar element of the business. For purposes of this definition, "revenue" shall include gross revenue generated by the business, including revenue received by entertainers and others who work as independent contractors. For purposes of this definition, the "floor space devoted to a regulated activity" shall include all the area devoted to the activity, including, but not limited to, display area, sales area, performance areas, viewing areas, dressing rooms, and all aisles and pathways between and within such areas.
"Religious institution"
means a structure which is used primarily for religious worship and related religious activities, including, but not limited to, a church, chapel or similar place of worship.
"Residential use" or "residential zone"
means property which is zoned for a residential use and/or a single-family dwelling, duplex, townhouse, multiple-family dwelling or mobilehome park/subdivision or recreational vehicle park, but not including a caretaker's/security house or trailer, or a legal nonconforming residential use as permitted by this code.
"School"
means any childcare facility, or an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes, but is not limited to, a nursery school, kindergarten, elementary school, junior high school or middle school, senior high school or any special institution of education within the city.
"Seminude"
means a state of dress in which clothing, including supporting straps or devices, covers no more than the genitals, pubic region, and areolae of the female breast.
"Sex supermarket/sex mini-mall"
means the establishment or operation of more than one type of sexually oriented business or use as defined in this chapter within the same building.
"Sexual encounter establishment"
means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate or consort in connection with "specified sexual activities" and/or the exposure of "specified anatomical areas." This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in sexual therapy.
"Specified anatomical areas"
includes any of the following:
(1) 
Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or
(2) 
Human male genitals in a discernible turgid state, even if completely and opaquely covered.
(3) 
Any device, costume or covering that simulates any of the body parts included in subsection (1) or (2) of this definition.
"Specified sexual activities"
includes any of the following:
(1) 
The fondling or other intentional touching of human genitals for purpose of sexual arousal, or fondling or other intentional touching of human genitals, pubic region, anus, or female breasts;
(2) 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral/anal copulation, bestiality, flagellation or torture in the context of a sexual relationship;
(3) 
Masturbation, sodomy, oral copulation, coitus or ejaculation of human or animal, actual or simulated;
(4) 
Human genitals in a state of sexual stimulation, arousal or tumescence; or
(5) 
Excretory functions, urination, vaginal or anal irrigation as part of or in connection with any of the activities described in subsection (1) through (4) of this definition.
"Substantial enlargement of an adult business"
means an increase or expansion, over the lifetime of an adult business, of more than ten percent or one hundred square feet, whichever is less in the portion of the floor area of the business which is devoted to products, services or entertainment with an emphasis on material depicting, describing or relating to "specified anatomical areas" and/or "specified sexual activities."
"Transfer of ownership or control of an adult business"
includes any of the following:
(1) 
The sale, lease, or sublease of the business;
(2) 
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
(3) 
The establishment of a trust, gift, or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership of control.
(Ord. 1716 § 4, 2000)
The purpose and intent of this chapter is to regulate adult businesses which, unless closely regulated, tend to have serious negative secondary effects on the community, which effects include, but are not limited to, the following: depreciation of property values and increase in vacancies in residential and commercial areas in the vicinity of adult businesses; interference with residential property owners' enjoyment of their property when such property is located in the vicinity of adult businesses as a result of increases in crime, litter, noise and vandalism; higher crime rates in the vicinity of adult businesses; and blighting conditions such as low-level maintenance of commercial premises and parking lots, which thereby have a deleterious effect upon adjacent areas. Special regulation of these businesses is necessary to prevent these adverse effects and the blighting or degradation of the neighborhoods in the vicinity of the adult businesses.
It is neither the intent nor the effect of this chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of this chapter to restrict or deny access by adults to communication materials or to deny access by the distributors or exhibitors of adult businesses to their intended market.
Nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinance or any statute of the state regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.
Notwithstanding any other provision of this title, the regulations set forth under this chapter shall apply specifically to adult businesses.
(Ord. 1716 § 4, 2000)
This chapter shall apply to the establishment of an "adult business", as defined in Section 9.50.010 of this chapter.
This chapter shall not apply to any of the following businesses or activities:
(1) 
Any massage parlor or massage practitioner holding a valid current license issued pursuant to Chapter 5.10 of this code.
(2) 
Any treatment administered in good faith in the course of the practice of any healing art or profession by any person holding a valid license or certificate issued by the state to practice any such art or profession under the provisions of the State Business and Professions Code or any other state law.
(Ord. 1716 § 4, 2000)
The establishment of an adult business shall be permitted only in the C-2 (Limited Retail Business), C-3 (Retail Commercial), and M-1 (Light Manufacturing) Zones, located along the right-of-way of Arrow Highway, between Barranca Avenue and a point 805.7 east of Sunflower Avenue. Additionally, no adult business shall be permitted on property within four hundred feet of the rights-of-way of Grand Avenue, Glendora Avenue or Sunflower Avenue, subject to the following regulations:
(1) 
An adult business shall not be established or located within two hundred feet of:
(A) 
Any religious institution, including a church, synagogue, mosque, temple, mortuary, cemetery, or building or portion of a building or structure which is used for religious worship or related religious activities, where a construction or use approval has been issued by the city prior to the city's receipt of an application for an adult business permit;
(B) 
The boundary of any residentially zoned land, whether in the city, in an adjoining city or within an unincorporated area;
(C) 
Any residential use or residential zone;
(D) 
Any public park or recreational area or property zoned, planned or otherwise designated for such use, including, but not limited to, a park, playground, nature trails, swimming pool, athletic field, basketball or tennis courts, or other similar public land;
(E) 
Any public or private educational facility including, but not limited to, child daycare facilities, libraries, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, secondary schools, continuation schools, and special education schools, where a construction or use approval has been issued by the city prior to the city's receipt of an application for an adult business permit. This category of uses does not include vocational or professional institutions of higher education including, but not limited to, community or junior colleges, colleges, and universities.
The uses and zones set forth in subsections (1)(A) through (1)(E) of this section shall be collectively known as "sensitive uses."
(2) 
An adult business shall not be established or located within five hundred feet of another adult business, whether in the city, in an adjoining city or within an unincorporated area.
(3) 
If two or more existing adult businesses are located in closer proximity to each other than five hundred feet, in determining which of the businesses is nonconforming, preference shall be given in the order of the respective lengths of continuous uninterrupted operation of the businesses.
(4) 
Where two or more adult business applications are submitted for businesses which would be located in closer proximity to each other than five hundred feet, the application which was accepted first in time shall be processed by the city, with any later submitted applications deemed nonconforming until such time as a determination is made by the city on the initial application.
(5) 
The locational standards set forth in subsections (1) through (3), inclusive, of this section shall pertain to legally established land uses in adjacent jurisdictions.
(6) 
Each such adult business must, prior to commencement or continuation or substantial enlargement of such business, first apply for and receive an adult business license in accordance with the provisions of Title 5, Chapter 5.22 of this code.
(Ord. 1716 § 4, 2000)
For the purposes of this section, the distance between any two adult businesses shall be measured in a straight line, without regard to the boundaries of the city and to intervening structures, from the closest point of each business. The distance between any adult business and any residential use, religious institution, school, public park or other sensitive use shall also be measured in a straight line, without regard to the boundaries of the city and to intervening structures, from the nearest portion of the property line of the lot where such adult business is conducted, to the nearest property line of a residential use, religious institution, school, public park or sensitive use.
(Ord. 1716 § 4, 2000)
In addition to all other offenses specified in this chapter, this code and state statutes, an adult business shall be subject to the following restrictions:
(1) 
Notwithstanding that it is not a criminal offense for a person to operate or cause to be operated an adult business to be in violation of the nudity limitation set forth in Title 5, Chapter 5.22 of this code, it is unlawful and a misdemeanor to establish, substantially enlarge or operate an adult business within the city without first complying with the provisions of this chapter.
(2) 
It is unlawful and a misdemeanor to operate or cause to be operated an adult business outside of the zones specified in this chapter.
(3) 
It is unlawful and a misdemeanor to operate or cause to be operated an adult business in violation of the locational standards set forth in Section 9.50.040 of this chapter.
(4) 
It is unlawful and a misdemeanor to cause or permit the operation, establishment or maintenance of more than one adult business within the same building, structure or portion thereof, or to cause the increase of floor area of any adult business in any building, structure or portion thereof containing another adult business.
(5) 
It is unlawful and a misdemeanor to cause or permit the operation, establishment or maintenance of a "sex supermarket/sex mini-mall" as defined herein.
(Ord. 1716 § 4, 2000)
Any firm, corporation or person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this chapter shall be guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. Any violation of the provision of this chapter shall constitute a separate offense for each and every day during which such violation is committed, permitted, caused or continued.
(Ord. 1716 § 4, 2000)
The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief.
(Ord. 1716 § 4, 2000)
In addition to the penalties set forth above, any adult business which is operating in violation of this chapter or any provision thereof, or Title 5, Chapter 5.22 of this code, or any provision thereof, is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation.
(Ord. 1716 § 4, 2000)
In addition to the civil remedies and criminal penalties set forth above, any person that violates the provisions of this chapter may be subject to administrative penalties, as set forth by city ordinance.
(Ord. 1716 § 4, 2000)
(a) 
Establishment of Nonconforming Use. Any adult business which was legally established and lawfully operating prior to April 14, 1998, shall be deemed a nonconforming use, and shall be subject to all provisions of this chapter, except as otherwise provided herein.
(b) 
Amortization. Any use of real property existing on April 14, 1998, which does not conform to the provisions of this chapter, but which was constructed, operated and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued until April 14, 2003, after which time all such nonconforming uses shall be terminated unless an extension of time has been approved by the director of planning and redevelopment or his or her designee, pursuant to Section 9.50.120 of this chapter.
(c) 
Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult business for a period of one hundred eighty days shall result in a loss of legal nonconforming status of such use.
(d) 
Amortization—Annexed Property. Any adult business which was a legal use at the time of annexation of the property and which is located in the city, but which does not conform to the provisions of this chapter shall be terminated within one year of the date of annexation, unless an extension of time has been approved by the planning director in accordance with the provisions of Section 9.50.120 of this chapter.
(e) 
Alteration, Enlargement. Any nonconforming adult business shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.
(f) 
Conflicting Adult Businesses. If two or more adult businesses are within five hundred feet of one another and otherwise in a permissible location, the adult business which was first established and has continually operated at the particular location is the conforming use and the later established business(es) is nonconforming.
(g) 
Subsequent Approvals. Any adult business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of an adult business permit and/or license, of a school, public park, religious institution, public building likely to be frequented by minors, residential or other sensitive use within two hundred feet of the adult business. This provision applies only to the renewal of a valid permit and/or license and does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.
(Ord. 1716 § 4, 2000)
The owner or operator of a nonconforming use as described in subsection 9.50.110(b) or (d) of this chapter may apply under the provisions of this section to the director of planning and redevelopment, or designee for an extension of time within which to terminate the nonconforming use, as follows:
(1) 
Time and Manner of Application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of this chapter may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. such application must be filed with the director of planning and redevelopment, or designee, at least sixty days but no more than one hundred eighty days prior to the expiration of the time established in Section 9.50.110 of this chapter for termination of such use.
(2) 
Content of Application; Fees. The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the city council. An application which fails to state a basis upon which an extension may be granted, as set forth in subsection (4) of this section shall be returned to the applicant, as nonresponsive, together with the application fee less any administrative costs of processing the application.
(3) 
Hearing Procedure. The director of planning and redevelopment shall appoint a hearing officer to hear the application. The hearing officer shall set the matter for hearing within twenty business days of receipt of the application. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the hearing officer shall be final and subject to judicial review pursuant to Code of Civil Procedure Section 1094.8.
(4) 
Approval of Extension; Findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the hearing officer makes all of the following findings or such other findings as are required by law:
(A) 
For uses which are rendered nonconforming by virtue of their proximity to other uses, pursuant to Sections 9.50.110 and 9.50.040 of this chapter:
(i) 
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 April 14, 1998, or prior to the date of annexation; and
(ii) 
The applicant will be unable to recoup said investment as of the date established for termination of the use; and
(iii) 
The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with Section 9.50.040 of this chapter.
(B) 
For uses which comply with the requirements of Section 9.50.040 of this chapter, but whose business operations must be modified in order to comply with other provisions of this chapter:
(i) 
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 so as to comply with the requirements of this chapter within the time period provided in Section 9.50.110 of this chapter; and such investment was made prior to April 14, 1998, or prior to the date of annexation; and
(ii) 
The applicant will be unable to recoup said investment as of the date established for modification or termination of the use; and
(iii) 
The applicant has made good faith efforts to recoup the investment and has filed plans with the city which demonstrate the ability and intent to comply with the requirements of this chapter within a reasonable time, but needs additional time within which to make the required modifications. This finding shall be made with respect to each aspect of compliance, and no extension shall be granted for modifications which are required by this chapter and which can be made without additional time.
(Ord. 1716 § 4, 2000)