(A)
Purpose and Intent. The purpose of this Section is to regulate adult-oriented businesses in order to protect the health, safety, and welfare of the community from the harmful secondary effects brought about by the unregulated operation of adult-oriented businesses. These secondary effects include but are not limited to depreciation of property values; increased vacancy rates in residential and commercial areas; increased criminal activity; increased litter, noise, and vandalism; and interference with the enjoyment of residential property in the vicinity of such businesses. The provisions of this Section have neither the purpose nor intended effect of:
(1)
Imposing a limitation or restriction on the content of any communicative material;
(2)
Denying access by adults to adult-oriented materials protected by the First Amendment to the U.S. or State Constitution; or
(3)
Denying access by distributors or exhibitors of adult-oriented materials or entertainment to their intended market.
(B)
Definitions. For the purposes of this Section, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:
(1)
Adult-Oriented Businesses. "Adult-oriented businesses" means any of the following:
(a)
Adult Arcade. The term "adult arcade," as used in this Section, is an establishment where, for any form of consideration, on still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer-generated images, motion pictures, video cassettes, slides, DVD, CD-ROM, or other visual or audio representations or any material in digital format, or other photographic reproductions and 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
(b)
Adult Bookstore, Adult Novelty Store, Adult Video Store. The term "adult bookstore," "adult novelty store," or "adult video store," as used in this Section, is an establishment that has 20 percent or more of its stock in books, magazines, periodicals or other printed matter, adult-oriented merchandise or of photographs, films, motion pictures, video cassettes, slides, tapes, records, DVD, CD-ROM, or other visual or audio representations or any material in digital format, distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas. An adult bookstore, adult novelty store, or adult video store shall not include mail order businesses or wholesale businesses with no patrons on the premises.
(c)
Adult Cabaret. The term "adult cabaret" as used in this Section, means a nightclub, restaurant, or similar business establishment which: (i) features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (ii) features persons who appear seminude; and/or (iii) shows films, computer-generated images, motion pictures, video cassettes, slides, DVD, CD-ROM, or other visual or audio representations or any material in digital format, or other photographic reproductions and 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
(d)
Adult Hotel/Motel. The term "adult hotel/motel," as used in this Section, means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which (i) provides patrons with closed-circuit television transmissions, films, computer-generated images, motion pictures, video cassettes, slides, DVD, CD-ROM, or other visual or audio representations or any material in digital format, or other photographic reproductions and 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (ii) rents, leases, or lets any room for less than a 10-hour period, or rents, leases, or lets any single room more than twice in a 24-hour period.
(e) Adult Motion Picture Theater.
The term "adult motion picture theater" means any business, other than a hotel or motel which regularly provides closed-circuit viewing to each individual room as a secondary service to its hotel or motel customers, with the capacity for five or more persons where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions in which the predominant character and theme is distinguished or characterized by its emphasis on matters depicting or relating to "specified sexual activities," "specified anatomical areas" or men and/or women in a "state of nudity" or "state of partial nudity" as defined in this Section, are regularly shown. This includes, without limitation, showing any such slides, motion pictures or videos by means of any video tape system which has a display, viewer, screen, or a television set. For purposes of this Chapter, motion pictures receiving up to an "NC17" rating from a generally recognized movie rating organization shall not be deemed to be included in the definition of an adult motion picture theater.
(f) "Adult live entertainment theater"
means any place, building, enclosure, or structure, partially or entirely used for "live adult entertainment," as defined in this Section, performances or presentations characterized by an emphasis on depicting, exposing, displaying, or describing or relating to "specified sexual activities," "specified anatomical areas" or men and/or women in a "state of nudity" or "state of partial nudity" for observation by patrons or customers therein. "Live adult entertainment" means any physical human body activity, whether performed or engaged in alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling, or pantomiming, in which the performer(s) expose to public view without opaque covering "specified anatomical areas" or appear in a "state of nudity" or a "state of partial nudity" for any form of consideration.
(g) Modeling Studio.
The term "modeling studio," as used in this Section, means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, or on a voluntary basis, figure models who, for the purposes of sexual stimulation of patrons, appear either nude or seminude or display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted, or otherwise depicted by persons on the premises. "Modeling studio" does not include schools maintained pursuant to standards set by the State Board of Education. "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, allow, or make available "specified sexual activities."
(2)
Adult-Oriented Merchandise. The term "adult-oriented merchandise" as used in this Section means sexually oriented implements or paraphernalia, including but not limited to dildos; auto sucks; adult-oriented vibrators; edible underwear; benwa balls; inflatable orifices; anatomical balloons with orifices; simulated vaginas, and similar adult-oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.
(3)
Distinguished or Characterized by an Emphasis Upon. As used in this Section, the term "distinguished or characterized by an emphasis upon" shall mean and refer to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas.
(4)
Establishment of an Adult-Oriented Business. As used in this Section, to "establish" an adult-oriented business shall mean and include any of the following:
(a)
The opening or commencement of any adult-oriented business as a new business;
(b)
The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business defined herein;
(c)
The addition of any of the adult-oriented businesses defined herein to any other existing adult-oriented business; or
(d)
The relocation of any such adult-oriented business.
(5)
Park. As used in this Section, the term "park" means a park, trail, recreation center, sports complex, golf course, or athletic field within the City which is under the control, operation or management of the City or other public agency.
(6)
Religious Institution. The term "religious institution" as used in this Section, is a structure which is used primarily for religious worship and related religious activities.
(7)
School. The term "school," as used in this Section, is any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.
(8)
Seminude. As used in this Section, the term "seminude" means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.
(9)
(10)
Specified Sexual Activities. As used in this Section, "specified sexual activities" shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering:
(a)
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;
(b)
Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;
(c)
Masturbation, actual or simulated; or
(d)
Excretory functions as part of or in connection with any of the other activities described in Subsections (B)(10)(a) through (c) of this Section.
(11)
Substantially Enlarged. The term "substantially enlarged" as used in this Section means the increase in floor area occupied by an adult-oriented business by more than 10 percent of its floor area as it existed at the time an adult-oriented regulatory permit was issued for the business.
(C)
Development Standards.
(1)
Location Standards.
(a)
An adult-oriented business shall not be established or located in any zone or location except as allowed in the permissions table of the underlying zone and shall not violate any of the following separation standards:
(i)
The adult-oriented business is not proposed within 1,000 feet of any other adult-oriented business;
(ii)
The adult-oriented business is not proposed within 1,000 feet of any residential use or zone whether in the City, in an adjoining city or unincorporated area; and
(iii)
The adult-oriented business is not proposed within 1,000 feet of any park, religious institution, or site used for assembly by a religious organization, school, or primary alcohol use.
(b)
The distances set forth above shall be measured as a straight line from the edge of the building of the adult-oriented business to the property line so used without regard to intervening structures.
(E)
Required Findings for Approval. Notwithstanding the provisions of PMC § 17.22.060 (Required findings for approval), the Review Authority shall approve a conditional use permit for an adult-oriented business if the Review Authority is able to make affirmative findings based on the following criteria:
(F)
Existing Adult-Oriented Businesses.
(1)
Any adult-oriented business lawfully operating on the effective date of the ordinance codified in this Section in violation hereof shall be deemed a nonconforming use.
(2)
Any adult-oriented business lawfully operating on the effective date of the ordinance codified in this Section which becomes nonconforming due to the criteria specified within this Title and/or PMC § 5.04.400(I) shall adhere to the provisions of PMC Chapter 17.28 (Nonconforming Uses, Structures and Parcels).
(3)
An adult-oriented business lawfully operating as a conforming use shall not be rendered a nonconforming use by the subsequent location of:
(a)
A residential use or zone within 1,000 feet of the adult-oriented business; or
(b)
A park, religious institution, school, or primary alcohol use, within 1,000 feet of the adult-oriented business. This exemption shall only apply if the adult-oriented business is continuous, which means that interruptions in business operations shall not exceed six months.
(Ord. 1603 § 4 (Exh. I), 2023)