§ 15-2705. ADULT-ORIENTED BUSINESSES.

A.

Purpose. Certain types of Adult-Oriented Businesses possess characteristics that may be determined to be objectionable, and, when concentrated, may be found to have a deleterious effect upon adjacent areas. Therefore, special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood nor create an adverse effect on minors.

B.

Public Nudity. Refer to Section 9-2602 of the Municipal Code.

C.

Criteria for Granting a Conditional Use Permit. Where an Adult-Oriented Business is conditionally permitted by the zoning district regulations, the Planning Commission, or City Council upon appeal, shall approve a Conditional Use Permit only if it finds that the proposed facility or use complies with the regulations specified in this section. Reasonable conditions may be imposed, such as limitation on hours of operation, exterior lighting, display materials, and other similar conditions, as may be necessary to protect the public health, safety, and welfare.

D.

Standards. Adult-Oriented Businesses shall comply with all applicable State and federal laws in addition to the following development and operational standards.

1.

Location. Adult-Oriented Businesses shall be located the following minimum distances:

a.

From any Residential District or existing residence: 1,000 feet.

b.

From any educational institution, including, but not limited to, public or private schools, nursery schools or child-care nurseries, religious and/or cultural institution or, private or public park: 1,000 feet.

c.

From another Adult-Oriented Business: 1,000 feet. This minimum separation requirement shall not apply to businesses forced to relocate due to a public taking of property for a public infrastructure project.

2.

Hours of Operation. Hours of operation of the business shall be limited to the time period between 8 a.m. and 10 p.m. on Sunday, Monday, Tuesday, Wednesday and Thursday, and from 8 a.m.to 11 p.m. on Friday and Saturday.

3.

Display. No Adult-Oriented Business shall display or exhibit any material in a manner which exposes to the public view photographs or illustrations of specified sexual activities or naked adults in poses which emphasize or direct the viewer's attention to the subject's genitals. Adult newsracks are subject to this limitation.

4.

Security Program. An on-site security program shall be prepared and implemented as follows:

a.

Exterior Lighting. All off-street parking areas and building entries serving an adult business shall be illuminated during all hours of operation with a minimum maintained horizontal illumination of one foot-candle of light on the parking surface and/or walkway.

b.

Interior Lighting. All interior portions of the adult business, except those devoted to mini-motion or motion pictures, shall be illuminated during all hours of operation with a lighting system that provides a minimum maintained horizontal illumination of not less than two foot-candles of light on the floor surface.

c.

Security Guards. Security guards for adult businesses may be required if it is determined by the Fresno Police Department that their presence is necessary in order to prevent any unlawful conduct from occurring on the premises.

E.

Site Conditions.

1.

Façade. For existing buildings, pictures of the building(s) must be provided to the City upon submittal of a Conditional Use Permit application. The exterior of the building(s) may be required to be repainted and repaired if needed.

2.

Landscaping. The site shall comply with all landscaping requirements in place at the time of application.

3.

Litter. The exterior, including all signs and accessory buildings and structures, shall be maintained free of litter at all times. The owner or operator shall provide for daily removal of trash, litter, and debris from premises and on all abutting sidewalks within 20 feet of the premises.

4.

Graffiti. The owner or operator shall remove graffiti within 48 hours.

5.

Pay Telephones. Pay phones shall comply with Section 15-2746, Pay Phones.

F.

Definitions. Unless otherwise specifically provided, the terms used in this section shall have the following meanings:

1.

Specified Sexual Activities. Specified sexual activities means:

a.

Actual or simulated sexual intercourse, oral copulation, anal 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 depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism or zooerasty;

b.

Clearly depicted human genitals in a state of sexual stimulation, arousal, or tumescence;

c.

Use of human or animal masturbation, sodomy, oral copulation, coitus, or ejaculation;

d.

Fondling or touching of nude human genitals, pubic region, buttocks, or female breast;

e.

Masochism, erotic or sexually oriented torture, beating, or infliction of pain;

f.

Erotic or lewd touching, fondling, or other contact with an animal by a human being;

g.

Human excretion, urination, menstruation, vaginal, or anal irrigation in the context of a sexual relationship;

h.

Any combination of the above items a through g.

2.

Specified Anatomical Areas. Specified anatomical areas means less than completely and opaquely covered:

a.

Mature human genitals,

b.

Mature human buttock,

c.

Mature human female breast below a point immediately above the top of the areola;

d.

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

3.

Exposes to Public View. Exposes to the view of persons outside the building in which such adult entertainment facility is located.

G.

Adult-Oriented Business Types. Adult-Oriented Businesses include, but are not limited to the following types of businesses.

1.

Adult Newsrack. Any coin-operated machine or device that dispenses material substantially devoted to the depiction of "specified sexual activities" or "specified anatomical areas."

2.

Adult Bookstore. Any building, or portion thereof, where space devoted to adult materials composes 25 percent or more or 500 square feet, whichever is less, of any one or more of the following:

a.

Wall space;

b.

Any display area other than wall space (e.g. tables, racks, and/or any other display areas or structures) or stock in trade (inventories not on display, but on site).

3.

Adult Entertainment Facility. An adult newsrack, adult bookstore, adult motion picture theater, adult hotel or motel, adult motion picture arcade, cabaret, model studio, sexual encounter center, or any other sex business, or any combination of two or more of such uses.

4.

Adult Motion Picture Arcade. 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 where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas."

5.

Adult Motion Picture Theater. A building or portion thereof, or area, whether open or enclosed, used for presenting material in the form of motion picture film, videotape, or other means which is substantially devoted to the depiction of "specified sexual activities" or "specified anatomical areas" for observation by persons therein.

6.

Adult Novelty Store. A building, or portion thereof, in which 25 percent or more of the display area for devices, instruments, or paraphernalia is used for the distribution, sale, offer for sale and/or rental or offer for rental of any device, instrument, or paraphernalia evidently designed or marketed for sexual stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others. Such devices, instruments, or paraphernalia include, but are not limited to, phallic-shaped vibrators, dildos, muzzles, whips, chains, bather restraints, racks, non-medical enema kits, body-piercing implements (excluding earrings or other decorative jewelry) or other evident tools of sadomasochistic abuse.

7.

Adult Video Store. A building, or portion thereof, in which 25 percent or more of any one or more of the following: Wall space or any display area other than wall space (e.g. tables, racks, and/or any other display areas or structures) or stock in trade (inventories not on display but on site) or gross revenues or advertising and other promotion of video, video cassettes, slides, tapes, films, compact discs, Blu-ray, etc., motion pictures in which 25 percent or more of the description, display time, or depiction is devoted to the presentation of "specified sexual activities" or "specified anatomical areas" as defined in this article.

8.

Cabaret. A nightclub, theater, or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

9.

Model Studio. 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. This does not include accredited educational institutions which may employ models in fine art courses.

10.

Sexual Encounter Center. Any business, agency, or person who, for any form of consideration or gratuity, provides a place where two 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."

11.

Other Sex Business. Any other business or establishment which offers its patrons goods, services, or entertainment, or any combination thereof, characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," including such types of business known as adult dance studios, men's social clubs, and music studios which meet such definition.

(Added Ord. 2015-39, § 1, eff. 1-9-16).