Davis Municipal Code/40.26.410

40.26.410 Sex oriented businesses.

(a)Purpose. The city council finds that sex oriented entertainment businesses have objectionable and deleterious operational characteristics and effects on adjacent areas, particularly when located in close proximity to each other, located in the vicinity of facilities frequented by minors, and when located in close proximity to residentially zoned or used property. Special regulation of these businesses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of the regulation is to prevent the concentration or clustering of these businesses in any one area and preserve the public health, safety and welfare of the citizenry.

(b)Definitions. For purposes of this section:

(1)"Sex oriented entertainment business" means any sex oriented bookstore, sex oriented motion picture theater, sex oriented hotel or motel, sex oriented motion picture arcades, sex oriented cabaret, model studio, sexual encounter center, or any other business or establishment which offers its patrons services or entertainment of which a preponderance of the business is characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

(2)"Sex oriented bookstore" means an establishment where a preponderate portion of its stock in trade books, magazines and other periodicals is distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a preponderate segment or section devoted to the sale or display of such material.

(3)"Sex oriented motion picture theater" means an enclosed or unenclosed building or structure where a preponderate portion of the material presented therein is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

(4)"Sex oriented hotel or motel" means a hotel or motel wherein a preponderate portion of any material presented is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

(5)"Sex oriented motion picture arcade" means any place to which the public is permitted or invited wherein coin or slug-operated, or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to persons, and where a preponderate portion of the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

(6)"Sex oriented cabaret" means a nightclub, theater or other establishment which features live performances where a preponderate portion of the performances are by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, whose performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

(7)"Model studio" means any business where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

(8)"Sexual encounter center" means any business, agency or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

(9)"Specified sexual activities" shall include:

(A) Human genitals in a state of sexual stimulation or arousal;

(B) Sex acts normal or perverted, actual or simulated, including but not limited to masturbation, ejaculation, sexual intercourse, coitus, oral copulation, anal intercourse, oral anal copulation, bestiality, flagellation or torture in the context of a sexual relationship, 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 or zooerasty;

(D) Masochism, erotic or sexually oriented torture, beating or the infliction of pain;

(E)Touching, fondling, masturbating, copulating or other erotic or lewd contact with an animal by a human being;

(F)Human excretion, urination, menstruation, vaginal or anal irrigation.

(10) "Specified anatomical areas" shall include:

(A) Less than completely and opaquely covered (i) human genitals or pubic region; (ii) buttock; (iii) anus; (iv) female breast below a point immediately above the top of the areola; and

(B) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(c)Special Regulations.

(1)The establishment of any sex oriented entertainment business in any zone wherein such use is permitted under the provisions of this chapter shall comply with the special regulations contained in this section in addition to the regulations applicable to the zone wherein the use is established. No sex oriented entertainment business shall be established:

(A) Except in an industrial (I) or industrial research (I-R) district, or in those areas of a planned development (P-D) district designated for industrial (I) or industrial research (I-R) uses;

(B) Within five hundred feet of any area zoned or used for residential purposes;

(D) Within five hundred feet of any public or private school, public park, playground, recreational area, public building, church, or any noncommercial establishment operated by a bona fide religious organization.

(2)The establishment of any sex oriented entertainment business shall include the operating of such a business as a new business, the relocating of such business, or the conversion of an existing business location to any sex oriented entertainment business use.

(3)Distances required by this section shall be measured from the nearest property lines of the parcels on the zone in question or containing the use in question.

(4)All windows, doors or other apertures shall be architecturally screened or otherwise obscured so as to prevent the viewing of the interior of the sex oriented entertainment business from without.

(5)No advertisement displays or merchandise available for sale or rent that includes or depicts specified sexual activities or specified anatomical areas shall be visible from any public right-of-way.

(6)All sex oriented entertainment businesses shall provide security personnel to control behavior of both indoor and outdoor patrons so they do not violate any laws. The security personnel shall be provided at a ratio of one per ten parking spaces.

(7)No loitering or consumption of alcoholic beverages shall be allowed in sex oriented entertainment business parking lots. Parking lots shall contain signage stating that loitering and consumption of alcoholic beverages are prohibited in parking lots.

(8)Total sign area shall not exceed twenty square feet. Businesses located on a corner lot may have a maximum of twenty-five square feet.

(9)Parking shall be provided at a ratio of one space per two seats and/or one space per one hundred square feet of gross leasable floor area, as determined by the community development department. The department's determination shall be based on the extent to which the sex oriented entertainment business provides seating for patrons.

(d)Waiver of Locational Provisions.

(1)Any property owner or his authorized agent may apply to the project planning commission for a waiver of any locational provisions as set forth in this section. The project planning commission, after a hearing, may waive any locational provision, if all the following findings are made:

(A) The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this chapter will be observed;

(B) The possible harm created by the proposed use is outweighed by its benefit;

(D) The establishment of the proposed use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal;

(E)All applicable regulations of this Code will be observed.

(2)Notwithstanding any other provision of this Code, original jurisdiction to hear applications for waivers under this section is vested in the project planning commission. The procedure for this hearing shall be the same as that provided for in this chapter for the issuance of conditional use permits by the project planning commission, including the same notice requirements, the same right of appeal to the city council and the same fees payable by the applicant. (Ord. No. 1735, § 1.)

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