The city council finds that adult entertainment establishments, as defined herein, by their very nature have serious objectionable operational characteristics which, when concentrated, can have a deleterious effect upon adjacent areas. It is recognized that locating such uses as are covered by the chapter in the vicinity of facilities frequented by minors will cause their exposure to adult material; minors may be adversely affected from this exposure because of their immaturity. It is also recognized that many persons would be offended by the public display of certain sexual material. In order to protect and preserve the welfare of minors, public health, safety and welfare of the citizenry, special regulation of the establishments is necessary.
(Prior code § 111.01)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"Adult entertainment use"
means and includes all of the following types of establishments:
1. 
"Adult bookstore"
means a business which as a regular and substantial course of conduct offers for sale or rent books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations whose dominant or predominant character and theme is the depiction or description of specified sexual activities or specified anatomical areas, as defined in this section. As defined herein, "regular and substantial course of conduct" shall be construed with reference to all relevant factors, including, but not limited to, the following:
a. 
The proportion of the business' merchandise which depicts or describes specified sexual activity, specified anatomical areas or is a nonprescription, noncontraceptive sex-incitement device;
b. 
The percentage of the business' revenues which are attributable to the sale or rental of merchandise which depicts or specifies sexual activity, specified anatomical areas or is a nonprescription, noncontraceptive sex-incitement device.
2. 
"Adult hotel"
means any hotel or motel, which as a regular and substantial course of conduct, provides, through closed circuit television or other media, material which is distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas, as defined in this section.
3. 
"Adult motion picture theater"
means an enclosed building and/or a drive-in motion picture theater which is open to the public and which, as a regular course of conduct, is used for presenting filmed or videotaped materials whose dominant or predominant character and theme are the depiction or display of specified sexual activities or specified anatomical areas, as defined in this section, for observation by six or more patrons of such use at any one time. As defined herein, "regular and substantial course of conduct" shall be construed with reference to all relevant factors, including, but not limited to, the following:
a. 
The proportion of the theater's films which depict specified sexual activities or specified anatomical areas;
b. 
The number of films depicting or displaying specified sexual activities or specified anatomical areas which are shown at the theater each week, each weekend or each month;
c. 
The nature of the films which receive top billing on the theater's marquee or in its advertising;
d. 
The proportion of the theater's revenue which is attributable to the showing of films depicting or displaying specified sexual activities or anatomical areas.
4. 
"Adult picture arcade"
means any business wherein, as a regular course of conduct, coin- or slug-operated, or electronically or mechanically controlled still or motion picture machines, projectors, television sets or other image-producing devices are used to display images to five or fewer persons per machine at any one time, and which images have as a dominant or predominant character and theme the display or depiction of specified sexual activities or specified anatomical areas. As defined herein, "regular and substantial course of conduct" is construed with reference to a number of factors, including, but not limited to, the following:
a. 
The proportion of the business' movies, shows, pictures and images which have as their predominant theme the display or depiction of specified sexual activity or specified anatomical areas;
b. 
The proportion of the business' revenue which is attributable to the showing of pictures depicting or displaying specified sexual activity or specified anatomical areas.
5. 
"Bathhouse"
means an establishment which as a regular and substantial course of conduct provides, for a fee or other consideration, access to any kind of bath facility, including showers, saunas and hot tubs. This definition does not include a bona fide athletic club, health club, school, gymnasium, reducing salon or similar establishment where baths or hydrotherapy are offered as incidental or accessory services.
6. 
"Modeling studio"
means a business which provides as a regular and substantial course of conduct, for a fee or other consideration, figure models who display specified anatomical areas to be observed, sketched, photographed, painted, sculptured or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to the standards set by the State Board of Education.
7. 
"Nude dancing theater"
means any building or structure which as a regular and substantial course of conduct is used for the presentation of live dancing or modeling, the dominant or predominant character and theme of which are the display of specified sexual activities or specified anatomical areas, as defined in this section, and to which the public is permitted or invited.
8. 
"Sexual encounter center"
means a business which as a regular and substantial course of conduct provides two or more persons, for pecuniary compensation, consideration, hire or reward, with a place to assemble for the purpose of engaging in specified sexual activities or displaying specified anatomical areas. "Sexual encounter center" does not include hotels or motels.
"Establishment of an entertainment use"
means and includes the opening of such a business as a new business, the relocation of such a business or the conversion of an existing use to any adult entertainment use.
"Specified anatomical areas"
means and includes, and is limited to the following:
1. 
Less than completely and opaquely covered human genitalia, pubic region, buttocks and female breasts below the top of the areola;
2. 
Human male genitalia in a discernibly turgid state, even if completely or opaquely covered.
"Specified sexual activity"
means and includes, and is limited to the following:
1. 
Actual or simulated genital or anal sexual intercourse;
2. 
Oral copulation;
3. 
Bestiality;
4. 
Direct physical stimulation of unclothed genitals;
5. 
Masochism;
6. 
Erotic or sexually oriented torture, beating or the infliction of pain;
7. 
The use of excretory functions in the context of a sexual relationship.
(Ord. 92-64; Ord. 16-355 § 1)
The establishment of adult entertainment uses is prohibited in any zone within the city with the exception only of the IG zones, general industrial, as defined by the applicable city zoning code; provided, however, no adult entertainment use may be established in any such zone unless the entire parcel upon which such use is located is outside all of the specified distance requirements set forth in Section 5.08.040, and unless the adult entertainment use complies with all the other regulations imposed within the zone.
(Ord. 92-64)
A. 
The distance requirements set forth in this section shall be observed in the establishment of any adult entertainment use. Distances shall be measured in a straight line, between the nearest property line of the parcel on which the adult entertainment use is located to the nearest zone line or property line of the parcel upon which the following uses are located:
1. 
No adult entertainment use shall be established within 1,000 feet of any public or private school, library, publicly-owned park or playground, church, synagogue or other place of worship to which the public is invited or permitted to attend.
2. 
No adult entertainment use shall be established within 1,000 feet of any parcel which is zoned one-family residential (R), multifamily residential (RM), or residential acreage (RA), as specified in the zoning code. For the purposes of this section, "Residential use" includes mobilehome parks, recreational vehicle campgrounds and campgrounds, but excludes motels.
B. 
It is the intention of the city council that the distance restrictions set forth in this section are cumulative, not separate; therefore, adult entertainment uses may be established only on parcels which meet all of the spacing requirements set forth in this section.
(Ord. 92-64)
No person shall operate an adult entertainment use without first obtaining a conditional use permit as provided in the planning title. Such permit shall be issued by the planning commission if the applicant meets the criteria listed below. No other land use permit is required to operate an adult entertainment use, and only the following findings and those outlined in the planning code may be required as conditions to the issuance of this use permit:
A. 
An application for a conditional use permit has been made in accordance with the provisions set forth in the planning code.
B. 
All building height, building site, minimum yard and off-street parking requirements for uses subject to a use permit in an IG zone have been met. These requirements are set forth in the zoning code. The issuance of the adult entertainment use permit may be conditioned upon the erection of a fence of the type and design which meets the approval of the planning commission.
C. 
The building and lot on which such business is located comply with local and state law concerning signs, building security, design review, occupancy, structural safety and landscaping, and that all applicable building, plumbing and fire codes have been met.
D. 
Hours of operation may be designated by the planning commission as a condition to the issuance of the use permit if the planning commission finds, based on substantial evidence presented to it, that there is a need for regulation of hours due to a specifically identified significant problem linked to the adult entertainment use. When regulating the hours of operation of an adult entertainment use, the planning commission shall, whenever possible, designate hours which are consistent with the hours of operation of nearby businesses which are similar in nature. If shorter hours than those of nearby businesses of a similar nature are imposed, the planning commission shall:
1. 
Identify in writing the need for such shorter hours;
2. 
Make a specific finding that a less restrictive condition or requirement would not alleviate the problems imposed by the longer hours of operation of such use;
3. 
Set forth the period of time after which the permit holder could seek review of the planning commission's designation of the hours of operation of the use.
E. 
All other regulations and provisions of this chapter have been complied with.
(Prior code § 111.05)
Video sales and rental stores which do not meet the definition of an adult entertainment, but make available adult videos as part of their business shall conform to the following regulations:
A. 
The rental or sale of adult videos shall be limited to an incidental portion of a video sales and rental store which is the principal use, offering a full range of videos for home viewing.
B. 
No viewing of adult videos shall be permitted on the premises at any time whatsoever.
C. 
The display of available adult videos shall be limited to a specified separate area within the business.
D. 
The "Adults Only" section shall be separated from other display materials within the store. The "Adults Only" section shall be situated so that:
1. 
The store operator and employees can monitor activities within the "Adults Only" section at all times.
2. 
Minors may not observe the content, pictures or jackets of the material.
E. 
Each such "Adults Only" section shall be posted with a sign to read "Adults Only" and/or "No One Under 18 Admitted."
F. 
No plays, posters, advertisements or promotional materials for adult videos shall be visible from outside the store.
G. 
Each business owner or operator of video sales and rental stores shall sign an acknowledgement of the above indicated restrictions or a statement that no adult videos will be maintained on the premises.
H. 
Any video store not complying with the foregoing regulations shall be classified as an "adult entertainment" under Section 5.08.020.
(Prior code § 111.06)
The following shall apply to the operation of an adult picture arcade:
A. 
It shall be unlawful for any person, partnership, corporation or other entity to own, operate, maintain or manage a picture arcade, unless the complete interior of the portion of the premises where the pictures can be viewed is continuously open and fully visible to any person upon entering the premises containing such picture arcade. Booths within picture arcades wherein still or motion pictures are viewed are prohibited.
B. 
A level of illumination established by the chief of police, based upon generally accepted lighting standards, and published in a list of rules and regulations governing picture arcades shall be maintained during hours of operation in all parts of any picture arcade which are open to the public. The list of rules and regulations shall be available upon request to the police department.
(Prior code § 111.07)
Any person, partnership, corporation or other entity violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, which shall be punishable by a fine of not to exceed $1,000 and/or imprisonment in the county jail for a period of not to exceed six months. Each person, partnership, corporation or other entity shall be deemed guilty of a separate offense for every day or any portion thereof during which any violation of any provisions of this chapter is committed, continued or permitted by such person. firm or corporation, or other entity.
(Prior code § 111.99)