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ORDINANCE NO.1286 (1995 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
REGARDING THE ESTABLISHMENT OF
ADULT ENTERTAINMENT BUSINESSES
WHEREAS, Chapter 5.40 of the San Luis Obispo Municipal Code
regarding adult entertainment businesses was repealed by the City
Council and a one hundred twenty (120) day moratorium on the
establishment of any adult entertainment businesses was enacted on
September 5, 1995 under Ordinance No. 1281 (1995 Series); and
WHEREAS, the Planning Commission held a public hearing on
October 11, 1995, to review the proposed amended adult
entertainment ordinance and recommended that the City Council adopt
the proposed ordinance; and
WHEREAS, the City Council held a public hearing on November 7,
1995, to receive public input on the proposed amended adult
entertainment ordinance; and
WHEREAS, the City Council makes the following findings:
1. The purpose and intent of this Ordinance is to regulate
adult entertainment businesses which, unless closely regulated,
tend to have serious secondary effects on the community. Special
regulation of these businesses is necessary to prevent these
adverse effects and the blighting or degradation of the
neighborhoods in the vicinity of adult entertainment businesses.
2. The City Council, in adopting this Ordinance, takes
legislative notice of the existence and content of studies
concerning the adverse secondary effects of adult entertainment
businesses in other cities including studies from: Garden Grove,
California (1991) ; Seattle Washington (1989) ; Austin, Texas (1986) ;
Indianapolis, Indiana (1984) ; Houston, Texas (1983) ; Minnesota
Crime Prevention Center (1980) ; Whittier, California (1978) ; Los
Angeles, California (1977); Amarillo, Texas (1977).
3. The City Council finds that these studies from other
cities are relevant to the problems addressed by the City of San
Luis Obispo in enacting this Ordinance and finds that these studies
provide convincing documented evidence that:
(A) The proximity of adult entertainment businesses to
sensitive land uses, such as residential zones, churches,
and schools, tend to result in the blighting and
deterioration of those areas in which such uses are
located.
(B) An increase in crime tends to accompany, concentrate
around, and be aggravated by unregulated adult
entertainment businesses, including but not limited to an
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Ordinance No. 1286 (1995 Series)
Page 2
increase in the crimes of narcotics distribution and use,
prostitution, pandering, and violence against persons and
property.
(C) Unregulated adult entertainment businesses have a
deleterious effect on nearby businesses and residential
areas, causing a decrease in property values and
businesses and residents to move elsewhere.
4. - Based on these studies, the City Council has determined
that special regulation of adult entertainment businesses is
necessary to ensure their secondary effects will not contribute to
an increase in crime rates or to the blighting or deterioration of
the areas in which they are located. The City Council's decision
to regulate these businesses is motivated by its desire to protect
the health, safety and welfare of its citizens, protect its
citizens from increased crime, preserve the quality of life,
preserve property values and the character of surrounding
neighborhoods and businesses, deter the spread of urban blight, and
further the purposes set forth in the General Plan.
5. In developing this Ordinance, the City Council has
considered and followed the legal principles relating to municipal
regulation of adult businesses and does not intend to suppress or
infringe upon any expressive activities protected by the Federal or
California Constitution. Rather, the City Council intends to enact
reasonable time, place and manner restrictions that address the
adverse secondary effects of unregulated adult entertainment
businesses.
6. Zoning regulations are legitimate and reasonable means to
ensure that adult entertainment businesses are located so as to
minimize their adverse secondary effects and to ensure that such
businesses comply with reasonable regulations related to such
zoning requirements.
7. In considering the appropriate locations for adult
entertainment businesses, the City Council finds that:
(A) Adult entertainment businesses should not be located
within close proximity to residential zones, churches or
schools.
(B) Locating adult entertainment businesses in the
central- commercial (C -C) zone would be inconsistent with
the Land Use Element of the General Plan.
(C) Locating adult entertainment businesses in the
retail- commercial (C -R) and tourist - commercial (C -T)
zones would be consistent with the Land Use Element of
the General Plan.
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Ordinance No. 1286 (1995 Series)
Page 3
8. This ordinance provides a sufficient and reasonable
number of appropriate locations in the retail- commercial (C -R) and
tourist - commercial (C -T) zones of the City for the location of
adult entertainment businesses.
9. The design and performance standards set forth in this
Ordinance do not unreasonably restrict the establishment of adult
entertainment businesses in the City.
10. The City Council does not intend to condone or legitimize
the distribution of obscene materials and encourages law
enforcement officials to enforce state obscenity statutes against
such illegal activities in the City.
11. An initial study of environmental impacts was prepared by
the Community Development Department that describes environmental
impacts associated with the proposed ordinance. On September 6,
1995, the Development Review Manager reviewed the environmental
initial study and granted a Negative Declaration of environmental
impact. The City Council hereby adopts the Negative Declaration
and finds the Negative Declaration reflects the independent
judgment of the City Council.
NOW, THEREFORE, be it ordained by the Council of the City of
San Luis Obispo as follows:
SECTION 1: Chapter 17.95 of the San Luis Obispo Municipal
Code is hereby adopted to read as shown on Exhibit A, attached
hereto and incorporated herein as though fully set forth.
SECTION 2: Table 9 of Chapter 17 of the San Luis Municipal
Code is hereby amended to read as shown on Exhibit B, attached
hereto and incorporated herein as though fully set forth.
SECTION 3: Upon the effective date of this Ordinance the
moratorium on the establishment of any adult entertainment business
which was adopted by Ordinance No. 1281 (1995 Series) shall be
repealed.
SECTION 4: A synopsis of this ordinance, approved by the City
Attorney, together with the ayes and noes, shall be published once
in full, at least three (3) days prior to its final passage, in the
Telegram- Tribune, a newspaper published and circulated in said
city, and the same shall go into effect at the expiration of thirty
(30) days after its said final passage. A copy of the full text of
this ordinance shall be on file in the office of the City Clerk on
and after the date following introduction and passage to print and
shall be available to any interested member of the public.
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Ordinance No. 1286 (1995 Series)
Page 4
On motion of Council Mbr. Williams , seconded by _
Council Mbr. Smith , and on the following roll call vote:
Ayes: Council Members Williams, Smith, Romero, Roalman and Mayor Settle
Noes: None
Absent: None
the foregoing ordinance was introduced to print this 7th day of
November 1995.
Mayor Allen Settle
ATTEST:
Acting City Clerk, i Condon
APPROVED:
City dministrative Officer
t
Ordinance No. 1286 (1995 Series)
FINALLY PASSED this 21st day of November ,
1995, on motion of Council Member Williams ,
seconded by Vice Mayor Romero , and on the following roll
call vote:
AYES: Council Members Smith, Romero, Williams, and Mayor Settle
NOES: None
ABSENT: Council Member Bill Roalman
ATTEST:
Acting City Clerk
z�
Mayor Allen K. Settle
Sections:
17.95.010
17.95.020
17.95.030
17.95.040
17.95.050
17.95.060
CHAPTER 17.95
ADULT ENTERTAINMENT BUSINESSES
Purpose and Intent.
Definitions
Location of Adult Entertainment Businesses
Design and performance Standards
Severance Clause.
Violations
17.95.010 Purpose and Intent.
The purpose and intent of this Chapter is to regulate adult
businesses which, unless closely regulated, tend to have serious
secondary effects on the community, including, but not limited to,
the following: depreciation of property values; increase in
vacancies in residential and commercial areas in the vicinity of
adult businesses; interference with residential property owners'
enjoyment of their properties when such properties are 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 blight conditions such as
inadequate 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 adult businesses.
It is neither the intent nor the effect of these regulations
to impose limitations or restrictions on the content of any
communicative material. Similarly, it is neither the intent nor
the effect of these regulations to restrict or deny access by
adults to communicative materials or to deny access by the
distributors or exhibitors of adult business to their intended
lawful market.
Nothing in these regulations 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 of California regarding public nuisances,
unlawful or indecent exposure, sexual conduct, lewdness, obscene or
harmful matter or the exhibition or public display thereof.
17.95.020 Definitions.
For purposes of this Chapter the following terms shall be
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Exhibit t A
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defined as follows:
A. "Adult entertainment business" shall mean those
businesses defined as follows:
1. Adult bookstore, adult novelty store, or adult video
store is an establishment with more than 25% of: (a) its floor
area devoted to; or (b) stock -in -trade consisting of; or (c) gross
revenues derived from, and offering for sale for any form of
consideration, any one or more of the following:
a. Books, magazines, periodicals or other printed
matter, photographs, drawings, motion pictures, slides, films,
tapes, video cassettes, records, or other visual or audio
representations which are characterized by an emphasis upon the
depiction or description of . "specified sexual activities" or
"specified anatomical areas."
b. Instruments, devices or paraphernalia which are
designed to be used in connection with "specified sexual
activities;" or
C. Goods which are replicas of, or which simulate
"specified anatomical areas," or goods which are designed to be
placed on or in "specified anatomical areas," or to be used in
conjunction with "specified sexual activities ".
2. "Adult live entertainment theater" means any place,
building, enclosure or structure, partially or entirely used for
"live adult entertainment" performances or presentations
characterized by an emphasis on depicting, exposing, displaying,
describing or relating to "specified sexual activities" or
"specified anatomical areas" 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 or performers expose to public view without
opaque covering "specified anatomical areas" for entertainment
value for any form of consideration.
3. "Adult motion picture or video arcade" means any business
wherein coin, paper, note, or token operated or electronically,
electrically, or mechanically controlled still or motion picture
machines, projectors, or other, image - producing devices are
maintained to show images to four or fewer persons per machine, at
any one time, and where the predominant character or theme of the
images so displayed is distinguished or characterized by its
'emphasis on matter depicting, or relating to "specified sexual
activities" or "specified anatomical areas."
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4. "Adult motion picture theater" means any business, other
than a hotel or motel which provides closed circuit viewing to each
individual room as a secondary service to its motel customers, with
the capacity of 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 matter depicting or relating to "specified sexual
activities" or "specified anatomical areas" as defined in this
section. This incudes, 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.
5. "Exceptions." An "adult entertainment business" shall
not include:
a. Bona fide medical establishments operated by
properly licensed and registered medical and psychological
personnel with appropriate medical or professional credentials for
the treatment of patients.
b. Persons depicting "specified anatomical areas" in a
modeling class operated:
(1) By a college, junior college, or, university
supported entirely or partly by public revenue; or
(2) By a private college or university which
maintains and operates educational programs in which credits are
transferable to a college, junior college, or university supported
entirely or partly by public revenue; or
(3) In a structure operated either as a profit or
not - for - profit facility
(a) which has no sign visible from the exterior of
the structure and no other advertising that indicates a nude person
is available for viewing; and
(b) where, in order to participate in a class a
student must enroll at least three days in advance of the class.
C. The practice of massage in compliance with Chapter
5.56 of this Code.
B. "Establish." "Establish" shall mean and include any of
the following:
1. The opening or commencement of any adult entertainment
business as defined in this Section; or
2. The conversion of an existing business, whether or not an
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adult entertainment business, to any adult entertainment business
as defined in this Section; or
3. The relocation of any adult entertainment business; or
4. The addition of any of the "adult entertainment
businesses" defined herein to any other existing adult
entertainment business.
C. "Specified anatomical areas." "Specified anatomical
areas shall include the following:
1. Less than completely and opaquely covered human
genitals, pubic region, buttock, anus, and /or the female breast
below a point immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state,
even if completely and opaquely covered.
D. "Specified sexual activities." "Specified sexual
activities" shall include the following:
1. Actual or simulated sexual intercourse, oral
copulation and intercourse, oral -anal copulation, bestiality,
direct physical stimulation of unclothed genitals, flagellation or
torture in the context of sexual relationship, or the use of
excretory functions in the context of a sexual relationship, and
any of the following sexually oriented acts,or conduct: anilingus,
buggery, coprophagy, coprophilia, cunnilingus, fellatio,
necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty;
or
2. Clearly depicted human genitals in a state of sexual
stimulation, arousal or tumescence; or
3. Human or animal masturbation, sodomy, oral
copulation, coitus, ejaculation; or
4. Fondling or touching of nude human genitals, pubic
region, buttocks or female breast; or
5. Masochism, erotic or sexually oriented torture,
beating or the infliction of pain; or
6. Erotic or lewd touching, lewd fondling or other lewd
contact with an animal by a human being; or
7. Human excretion, urination, menstruation, vaginal or
anal irrigations.
E. "Operate." "Operate" shall mean to own, lease (as
lessor or lessee), rent (as landlord or tenant or as agent for the
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purpose of representing a principal in the management, rental or
operation of the property of such principal), manage, conduct,
direct, or be employed in an adult entertainment business.
F. "Operator." "Operator" shall mean and include the
owner, custodian, manager or person in charge of any adult
entertainment business.
G. "Parcel of Land." "Parcel of land" means any quantity of
land capable of being described with such definiteness that its
location and boundaries may be established, which is designated by
its owner or developer as land to be used or developed as a unit or
which has been used or developed as a unit.
H. "Person." "Person" shall mean an individual,
proprietorship, partnership, corporation, association, or other
legal entity.
I. "Religious Institution." "Religious Institution" shall
mean any church, synagogue, mosque, temple, or building which is
used primarily for religious worship, religious education
incidental thereto and related religious activities.
J. "Residential Zone:" "Residential zone" shall mean
property which has a zoning designation of R -11 R -2, R -3, R -4 or
such other residential zones as may be created by ordinance, or a
mobilehome park as defined in this Code.
K. "School." "School" shall mean any public or private
educational facility primarily attended by minors, including but
not limited to, large family day care homes, nursery schools,
preschools, kindergartens, elementary schools, primary schools,
intermediate schools, junior high schools, middle schools, high
schools, secondary schools, continuation schools and special
education schools, and includes.the school grounds.
L. "Sensitive Uses." "Sensitive uses" shall include
religious institutions, residential zones and schools.
17.95.030 Location of Adult Entertainment Businesses.
A. No person shall operate or establish an . "adult
entertainment business," as defined in this Code, in any area of
the City of San Luis Obispo, except the retail - commercial (C -R)
zone or the tourist - commercial (C -T) zone.
B. No building permit or zoning clearance, business license,
or other permit or entitlement for use shall be legally valid if
issued to any adult entertainment business proposed to operate or
be established in any area of the City except the retail - commercial
(C -R) zone or the tourist - commercial (C -T) zone.
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C. Any adult entertainment business proposed to be operated
or established in the retail- commercial (C -R) zone or the tourist -
commercial (C -T) zone shall be subject to the following
restrictions:
1. The establishment or operation of an adult entertainment
business shall be subject to the locational criteria setting forth
minimum distances from sensitive uses and zones as follows:
a. Seven hundred (700) feet from any parcel of land
which is located in a residential zone.
b. Seven hundred (700) feet from any parcel of land
upon which a religious institution or school is located.
2. For the purpose of this ordinance, all distances shall be
measured in a straight line, without regard for intervening
structures, using the closest property lines of the parcels of the
land involved.
Section 17.95.040 Design and Performance.Standards.
The establishment or operation of an adult entertainment
business shall comply with the applicable fees and site development
standards, including, but not limited to, parking and design
review, and the requirements of the Uniform Codes adopted pursuant
to Chapter 15.04 of the San Luis Obispo Municipal Code. An adult
entertainment business shall comply with the applicable City of San
Luis Obispo business tax requirements. In addition, adult
entertainment businesses shall comply with the following design and
performance standards:
A. Signs, advertisements, displays, or other promotional
materials depicting or describing "specified anatomical areas" or
"specified sexual activities" or displaying instruments, devices,
or paraphernalia which are designed for use in connection with
"specified sexual activities" shall not be shown or exhibited so as
to be discernible by the public beyond the walls of the building or
portion thereof in which the adult entertainment business is
conducted.
B. Each adult entertainment business shall have a business
entrance separate from any other non -adult business located in the
same building.
C. All building openings, entries, and windows for an adult
entertainment business shall be located, covered or screened in
such a manner as to prevent a view into the interior of an adult
entertainment business from any area open to the general public.
D. No adult entertainment business shall be operated in any
manner that permits the observation by the public of any material
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or activity depicting, describing, or relating to "specified sexual
activities" or "specified anatomical areas" from any public way or
from any location beyond the walls of the building or portion
thereof in which the adult entertainment business is conducted.
E. The building entrance to the adult entertainment business
shall be clearly and legibly posted with a notice indicating that
minors are precluded from entering the premises.
F. No loudspeakers or sound equipment shall be used by adult
entertainment businesses for amplification of sound to a level
discernible by the public beyond the walls of the building or
portion thereof in which the adult entertainment business is
conducted.
G. Each adult entertainment business shall be provided with
a manager's station which shall be used for the purpose of
supervising activities within. the business. A manager shall be on
duty on the premises during all times that the adult entertainment
business is open to the public.
H. The interior of the adult entertainment business shall be
configured in such a manner that there is an unobstructed view from
a manager's station of every area of the adult entertainment
business to which any patron is permitted access for any purpose,
excluding restrooms. If the adult entertainment business has two
(2) or more manager's stations designated, then the interior of the
adult entertainment business shall be configured in such a manner
that there is an unobstructed view of each area of the adult
entertainment business to which any patron is permitted access for
any adult purpose, excluding restrooms, from at least one (1) of
the manager's stations. The view required in this subsection must
be by direct line of sight from the manager's station.
I* No individual viewing area may be occupied by more than
one (1) person at any one time. "Individual viewing area" shall
mean a viewing area designed for occupancy by one (1) person.
Individual viewing areas of the adult entertainment business shall
be operated and maintained without any hole or other opening or
means of direct communication or visual or physical access between
the interior space of two (2) or more individual viewing areas.
J. Off - street parking shall be provided for the adult
entertainment business as specified in accordance with the parking
provisions of San Luis Obispo Municipal Code Section 17.16.060.
K. An on -site security program shall be prepared and
implemented including the following items:
1. All off - street parking areas and building entries
serving the adult entertainment business shall be illuminated
during all hours of operation with a lighting system which provides
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a minimum maintained horizontal illumination of one (1) footcandle
(10 luxes) (one candlepower) of light on the parking surface and /or
walkway.
2. All interior portions of the adult entertainment
business, except those areas devoted to mini - motion or motion
pictures, shall be illuminated during all hours of operation with
lighting system which provides a minimum maintained horizontal
illumination of not less than two (2) footcandles (20 luxes) (2
candlepower) of light on the floor surface.
17.95.050 Severance Clause.
If any section, subsection, paragraph, subparagraph or
provision of this Chapter or the application thereof to any person,
property or circumstance is held invalid, the remainder of the
Chapter and the application of such to other persons, properties or
circumstances shall not be affected thereby.
17.95.060 Violations.
It shall be unlawful to establish or operate an adult
entertainment business in violation of this chapter. Any person
who violates any provision of this chapter shall be guilty of a
misdemeanor. Nothing in this chapter shall be deemed or
constituted to prevent the City from commencing any civil
proceeding otherwise authorized by law for the declaration or
abatement of a public nuisance.
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Special notes, indicated by number in the following chart, may be found at the end of the chart.
ExhAit B
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