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;
4.
Direct physical stimulation of unclothed genitals;
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)
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)