A. 
The purpose of this Chapter is to provide development and operational standards which regulate the time, place, and manner of adult businesses, as defined in Part 6 (Definitions and Land Use Classifications).
B. 
Adult businesses are allowed in compliance with Part 2 (Zoning District Regulations and Development Standards) and the standards established in this Chapter.
C. 
The provisions of this Chapter shall apply to the establishment of any adult business, including the opening of a new adult business, the relocation of an existing adult business, or the conversion of an existing business to any adult business.
(Ord. 978, 11/17/2025)
The provisions of this Chapter are not intended to provide exclusive regulation of adult businesses. Adult businesses shall comply with all applicable regulations of this Title, City ordinances, and State and Federal law.
(Ord. 978, 11/17/2025)
A. 
An adult business shall not be established within 1,000 feet of another adult business located either within or outside of City limits, or within the specified distance of the following uses or facilities located either within or outside of City limits:
1. 
Within 500 feet of any residential General Plan land use designation.
2. 
Within 800 feet of a General Plan school or park land use designation and any existing school or park facility.
3. 
Within 800 feet of a religious institution, as defined in Part 6 (Definitions and Land Use Classifications).
B. 
Measurement of Distances.
1. 
Distances shall be measured in a straight line from the nearest exterior wall of the facility housing the adult business or proposed adult business to the nearest property line of a General Plan land use designation or land use listed in Subsection A of this Section.
2. 
Exceptions. The method for measuring the distance referenced in Subsections B and C of this Section shall not apply when the location of the adult business or proposed adult business is separated from a residential, school, park General Plan land use designation, religious institution, or other adult business by Interstate 680 (I-680). Where the I-680 separation exists, the following methods for measuring shall apply:
a. 
Residential, Schools, or Parks General Plan Land Use Designations. Where an adult business or proposed adult business is separated from a residential, school, or park General Plan land use designation, the distance shall first be measured along a straight line extended between two points from the nearest exterior wall of the facility housing the adult business or proposed adult business to the closest improved pedestrian connection above or beneath I-680 or roadways which are accessible by pedestrians or vehicles, whichever is less. The measurement shall continue under or over I-680 along the improved pedestrian connection or roadway and proceed along a straight line to the nearest property line included within the residential, school or park General Plan land use designation. An improved pedestrian connection is defined as an elevated overhead pedestrian access bridge or sidewalk or below street grade pedestrian access tunnel below finished grade of I-680.
b. 
Religious Institutions and Other Adult Businesses. When an adult business or proposed adult business is separated from a religious institution or another adult business, the distance shall first be measured along a straight line extended between two points from the nearest exterior wall housing the adult business or proposed adult business to the closest improved pedestrian connection above or beneath I-680 or roadways which are accessible by pedestrians or vehicles, whichever is less. The measurement shall continue under or over I-680 along the improved pedestrian connection or roadway and proceed along a straight line to the nearest exterior wall of the other adult business or religious institution. An improved pedestrian connection is defined as an elevated overhead pedestrian access bridge or sidewalk or below street grade pedestrian access tunnel below finished grade of I-680.
C. 
The distance requirements established in this Section shall also apply to similar General plan land use designations listed in Subsection B of this Section of abutting jurisdictions.
(Ord. 978, 11/17/2025)
A. 
Hours of Operation. It shall be unlawful for any adult business to operate or be open, between the hours of 10:00 p.m. and 10:00 a.m. of any day.
B. 
Lighting Requirements. All exterior areas of the adult business shall be illuminated at a minimum of 1.25 footcandles. Lighting fixtures shall be fully shielded, and light directed downward below the horizontal plane so as not to cast light onto adjacent properties.
C. 
Access Provisions.
1. 
The operator shall not permit any doors on the premises to be locked during business hours.
2. 
The operator shall ensure that any room or area on the premises is readily accessible at all times and shall be open to view in its entirety for inspection by any law enforcement officer.
3. 
Any material, adult-oriented merchandise, or activities depicting, describing, or relating to specified anatomical areas or specified sexual activities shall not be visible from any location outside the structure housing the adult business, including any display, decoration, sign, show window, door, or other opening.
4. 
No exterior door or window on the premises shall be propped open or kept open at any time during hours of operation.
5. 
All exterior windows shall be covered with opaque covering at all times.
D. 
Signs. The adult business shall post in plain view inside the front portion of the business facility, in two-inch print, a sign directly citing California Penal Code Section 314.
E. 
Willful and Lewd Acts.
1. 
Every person who willfully and lewdly, either: (1) Exposes his or her person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or (2) Procures, counsels, or assists any person so as to expose himself or herself or take part in any model artist exhibition, or to make any other exhibition of himself or herself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor.
2. 
Upon the second and each subsequent conviction under subsection E.1 of this section, or upon a first conviction under subsection E.1 of this section after a previous conviction under Penal Code Section 288, every person so convicted is guilty of a felony, and is punishable by imprisonment in state prison. California Penal Code Section 314.
F. 
Minors' Access.
1. 
X-Rated Movies. X-rated movies or videotapes shall be restricted to persons over 18 years of age. If an establishment that is not otherwise prohibited from providing access to persons under 18 years of age sells, rents, or displays videos that have been rated "X" or rated "NC-17" by the motion picture rating industry ("MPAA"), or which have not been submitted to the MPAA for a rating, and which consist of images which are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, said videos shall be located in a specific section of the establishment where persons under the age of 18 shall be prohibited.
2. 
Other Adult Materials. Access to adult materials shall be restricted to persons over 18 years of age.
G. 
Arcade Viewing Area. Adult businesses with an arcade viewing area(s) shall comply with the following requirements:
1. 
It is unlawful to maintain any arcade booth or individual viewing area in which the entire viewing area(s) are not from a continuous and accessible main aisle in a public portion of the establishment, and not obscured by any door, curtain, wall, two-way mirror, or other device that would prohibit a person from seeing into the viewing area from the main aisle.
2. 
A manager shall be stationed in the main aisle or video monitoring shall be established at a location from which the inside of all of the viewing areas are visible at all times in order to enforce all rules and regulations. Viewing area means any area in which a person views performances, pictures, movies, videos, or other presentations.
3. 
It is unlawful for an arcade booth to be occupied by more than one patron at a time.
4. 
It is unlawful to create, maintain, or allow holes or other openings between arcade booths or individual viewing areas.
H. 
Business License. A person shall not own, operate, manage, conduct, or maintain an adult business without first having obtained a Business License from the City of Pleasant Hill. The issuance or denial of the Business License shall be made within 15 days of the applicant's submitted application.
I. 
Security Measures. All adult businesses shall provide either a security system that visually records and monitors the exterior premises of the property, including all parking lot areas or uniformed security guards to patrol and monitor the exterior premises of the property, including the parking lot areas, during hours of operation. A sign indicating compliance with this provision shall be posted on the premises. The sign shall not exceed two by three feet and shall at a minimum be one foot by one and one-half feet.
J. 
Nude Entertainment Businesses. No nude entertainment business shall be allowed unless all the following requirements are met:
1. 
No employee, owner, operator, responsible managing employee, manager, or permittee of a nude entertainment business shall allow any person upon the premises or within the confines of any nude entertainment business under the age of 18 years if no alcohol is served, or under the age of 21 years if alcohol is served.
2. 
No owner, operator, responsible managing employee, manager, or permittee shall permit or allow any patron to approach within four feet of a nude entertainer, or allow a nude entertainer to approach within four feet of a patron. This four-foot separation shall be marked by a railing or other physical barrier designed to obstruct any contact between the entertainer and the patron(s)
3. 
All employees of nude entertainment businesses, other than nude entertainers while performing, shall wear an opaque covering which covers their specified anatomical areas while on the premises.
K. 
Disposal of Adult-Oriented Merchandise and Materials. All adult-oriented merchandise and materials discarded by an adult business shall be fully contained within a locked garbage receptacle at all times.
(Ord. 978, 11/17/2025)
All persons wishing to establish an adult business within the City shall apply for and receive an Adult Use Development Permit in compliance with this Title.
A. 
It is the burden of the applicant to supply evidence to justify the grant of an adult use development permit.
B. 
Any person desiring to operate or establish an adult business within the city shall file with the public works and community development department an adult use development permit application on a standard application form supplied by the public works and community development department.
(Ord. 978, 11/17/2025)
The conduct of any business within the City found in violation of any of the terms of this Chapter is hereby declared to be a public nuisance, and the City Attorney or the District Attorney may, in addition or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take other steps and shall apply to such courts of law as may have jurisdiction to grant such relief as will abate or remove such adult use establishment and restrain and enjoin any person from conducting, operating or maintaining an adult use establishment contrary to the provisions of this Chapter.
(Ord. 978, 11/17/2025)
Any person who violates any section of this Chapter shall be guilty of a misdemeanor and is subject to a fine and/or imprisonment in accordance with the limits established in California Government Code Section 36901, as it may be amended from time to time, or any other legal remedy available to the City.
(Ord. 978, 11/17/2025)
A. 
General Requirements.
1. 
Any nonconforming adult business or establishment regulated under the provisions of this Chapter on or before July 7, 2010 shall be subject to an amortization period expiring 12 months from this effective date.
2. 
An adult business or establishment operating as a conforming use with an approved Adult Use Development Permit in compliance with Chapter 18.115 (Adult Use Development Permit) shall not be rendered a nonconforming use by the location of a religious institution or school, within the locational limitations of this Section.
B. 
Notice. The Public Works and Community Development Department shall provide written notice to the owner (and lessee/operator, if known by reference to City's business license records) at least 120 days prior to the expiration of this amortization period. This notice is not mandatory and lack of notice shall not be deemed to prevent the City from initiating an action seeking declaratory or injunctive relief against the owner and/or operator of such business. However, if notice of expiration of amortization period is not given, any application by the owner or lessee/operator of the business for an extension of the amortization period shall not be denied on the grounds that it is untimely.
C. 
Application for Extension.
1. 
The owner may file an application with the Public Works and Community Development Department for an extension of the amortization period. The applicant must state all of the following in their application:
a. 
Whether a previous extension has been requested and granted, as well as the date of the previous request; and
b. 
The efforts that will be made to conform by the conclusion of the extended period.
2. 
The owner's application shall be made in writing and shall be accompanied by the required fee as established by the City Council.
3. 
Any application for an extension of the amortization period shall be made prior to the expiration of the amortization period unless the Planning Commission determines that good cause exists for the late filing of the application.
D. 
Decision to Grant or Deny.
1. 
The Planning Commission shall hold a public hearing at which time it shall consider the evidence and testimony regarding the request for an extension of the amortization period. The Commission shall grant or deny an application for extension of the amortization period within 45 days of the filing of the request.
2. 
In rendering its decision, the Commission shall determine whether the adult business has been provided with a reasonable amortization period commensurate with the investment involved. If the Commission determines that the amortization period is not reasonable, it shall prescribe an amortization period that is commensurate with the investment involved. The burden shall be on the applicant to establish that the extension should be granted.
3. 
The Commission shall consider the following factors in making its determination:
a. 
The adult business owner's financial investment in the business;
b. 
The present actual and depreciated value of business improvements;
c. 
The applicable Internal Revenue Service depreciation schedules;
d. 
The remaining useful life of the business improvements;
e. 
The remaining lease term;
f. 
The cost of relocating the business to a site conforming with the provisions of this Chapter;
g. 
The ability of the business and/or land owner to change the use to a conforming use; and
h. 
The secondary effects of the adult business on the health, safety and welfare of surrounding businesses and uses if the adult business is permitted to extend the amortization period.
4. 
The Commission's decision shall be in writing, and shall be hand delivered or sent by certified mail to the applicant and shall be posted at City Hall and on the outside of the adult business. Posted notices shall remain for at least 10 days and be mailed to all property owners within 300 feet of the use.
E. 
Appeal. Any interested person may appeal the decision of the Commission to the City Council in writing within 10 days of the written decision of the Commission in compliance with Chapter 18.185 (Appeals and Calls for Review).
F. 
Public Nuisance. The City Council declares to be a public nuisance any parcel where an adult business is operating and where the amortization period as a legal nonconforming use has expired and one of the following applies:
1. 
No application for an extension is on file or has been granted, or
2. 
No application for an Adult Use Development Permit is on file or has been approved.
(Ord. 978, 11/17/2025)