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:
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."
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."
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."
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:
Persons or entertainers who appear on stage;
Live performances which are characterized by the exposure of
"specified sexual activities" or "specified anatomical areas;" or
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."
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."
means a motel, hotel or similar commercial establishment
offering public accommodations for any form of consideration which,
on a regular and substantial basis:
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
Offers, rents, leases, or lets any room for less than a ten
hour period; or
Offers or allows a tenant or occupant to rent or subrent a sleeping
room for a period of less than ten hours.
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."
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.
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.
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."
means public notice or announcement of items or services
through the use of newspaper, handbills, radio, television, or other
means of public communication.
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.
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.
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.
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.
includes any of the following:
The opening or commencement of any sexually oriented business
as a new business;
The conversion of an existing business, whether or not it is
a sexually oriented business, to any sexually oriented business;
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;
The relocation of any sexually oriented business; or
The substantial enlargement of the premises of an adult business.
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.
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.
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."
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.
means any business where the primary services or entertainment
are provided at a location or locations other than the premises of
the subject 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.
includes the owner, permit holder, custodian, manager, operator,
or person in charge of any permitted or licensed business.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
includes any of the following:
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
Human male genitals in a discernible turgid state, even if completely
and opaquely covered.
Any device, costume or covering that simulates any of the body
parts included in subsection (1) or (2) of this definition.
includes any of the following:
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;
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral/anal copulation, bestiality, flagellation or torture
in the context of a sexual relationship;
Masturbation, sodomy, oral copulation, coitus or ejaculation
of human or animal, actual or simulated;
Human genitals in a state of sexual stimulation, arousal or
tumescence; or
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.
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."
includes any of the following:
The sale, lease, or sublease of the business;
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange or similar means; or
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."
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(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.
(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
(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)
