Chapter 25 ZONING ORDINANCE.
Article 21. Special Provisions.
Sec. 25-21-75. Adult entertainment establishments.
(a) Definitions. For the purposes of this section, unless otherwise
apparent from the context, certain words and phrases used in this section are
defined as follows:
"Adult entertainment use" means and includes all of the
following types of establishments:
(1) "Adult bookstore" means a business
which as a regular and substantial course of conduct offers for sale or rent
books, magazines, periodicals or other printed matter or photographs, films,
motion pictures, video cassettes, discs, slides or other visual representations
whose dominant or predominant character and theme is the depiction or
description of specified sexual activity or specified anatomical areas, as
defined in this section.
As defined in this subsection, "regular and
substantial course of conduct" shall be construed with reference to all relevant
factors, including but not limited to the following:
(A) The proportion of
the business’ merchandise which depicts or describes specified sexual
activity, specified anatomical areas or is a nonprescription, noncontraceptive
sex-incitement device; and
(B) The percentage of the business’
revenues which are attributable to the sale or rental of merchandise which
depicts or specifies sexual activity, specified anatomical areas or is a
nonprescription, noncontraceptive sex-incitement device.
(2) A business is
an "adult entertainment business" if any of the following conditions
(A) The business devotes or intends to devote more than twenty-five
percent of its retail inventory (not as measured by the number of items but
rather by the cost to the business owner of the inventory) to merchandise whose
dominant or predominant character and theme is specified sexual activities or
specified anatomical areas, hereafter referred to as "sexually
(B) The business devotes or intends to devote more than
twenty-five percent of the retail floor area to sexually explicit
(C) The business has not segregated or intends not to segregate
in one location in the store all sexually explicit merchandise offered for sale,
rental and/or viewing from the nonsexual explicit merchandise.
retail value of sexually explicit inventory offered for sale in each category:
(i) books, (ii) magazines, (iii) beta video tapes for sale, (iv) VHS video tapes
for sale; (v) Beta videos for rental; (vi) VHS videos for rental; (vii)
novelties; (viii) on-premises viewing of images, films and/or videos; exceeds or
is expected to exceed twenty-five percent of the total retail value of inventory
offered for sale in each category.
(E) Gross revenue derived from sexually
explicit inventory in any particular category (see subsection, (a)(2)(D) of this
section) of inventory exceeds or is expected to exceed twenty-five percent of
the total gross revenue from that category. (Any invoice or other sale entry
which does not thoroughly and completely identify the title and/or name of each
item of viewing, sale and/or rental shall be conclusively presumed to be
sexually explicit merchandise for revenue percentage determination
(F) The business advertises (either free or paid for
advertisements) in a manner that identifies the business as having sexually
explicit merchandise for sale, rental and/or viewing.
(G) Any business which
offers or advertises sexually explicit merchandise in any of the above
categories (See subsection (a)(2)(D) of this section), and which fails to make
available to the city for inspection and copying all records of revenue on
request after reasonable notice not less than twenty-four hours.
business that is an adult entertainment use based on any of the above conditions
may make an application for an exception. Such an application shall be made to
the zoning administrator and shall specify all facts supporting the exception
and shall have attached to it all supporting documentation.
hotel" means any hotel or motel which as a regular and substantial course of
conduct provides, through closed-circuit television or other media, material
which is distinguished or characterizes by an emphasis on matter depicting or
describing specified sexual activity or specified anatomical areas, as defined
in this section.
(4) "Adult motion picture theater" means an enclosed
building and/or drive-in motion picture theater which is open to the public and
which, as a regular and substantial course of conduct, is used for presenting
filmed or videotaped materials whose dominant or predominant character and theme
are the depiction or display of specified sexual activity or specified
anatomical areas, as defined in this section for observation by six or more
patrons of such use at any one time.
As defined in this subsection, "regular
and substantial course of conduct" shall be construed with reference to all
relevant factors, including but not limited to the following:
proportion of the theater’s films which depict specified sexual activity
or specified anatomical areas;
(B) The number of films depicting or
displaying specified sexual activity or specified anatomical areas which are
shown at the theater each week, each weekend or each month;
(C) The nature
of the films which receive top billing on the theater’s marquee or in its
(D) The proportion of the theater’s revenue which is
attributable to the showing of films depicting or displaying specified sexual
activity or specified anatomical areas.
(5) "Adult picture arcade" means any
business wherein, as a regular and substantial course of conduct, coin- or
slug-operated or electronically, electrically or mechanically controlled still
or motion picture machines, projectors, television sets or other image-producing
devices are used to display images to five or fewer persons per machine at any
one time, and which images have as a dominant or predominant character and theme
the display or depiction of specified sexual activity or specified anatomical
As defined in this subsection, "regular and substantial course of
conduct" is construed with reference to a number of factors, including but not
limited to the following:
(A) The proportion of the business’ movies,
shows, pictures and images which have as their predominant theme the display or
depiction of specified sexual activity or specified anatomical areas;
(B) The proportion of the business’ revenue which is attributable
to the showing of pictures depicting or displaying specified sexual activity or
specified anatomical areas.
(6) "Bathhouse" means an establishment which as
a regular and substantial course of conduct provides, for a fee or other
consideration, access to any kind of bath facility, including showers, saunas
and hot tubs. This definition does not include a bona fide athletic club, health
club, school, gymnasium, reducing salon or similar establishment where baths or
hydrotherapy are offered as incidental or accessory services.
studio" means a business which provides as a regular and substantial course of
conduct, for a fee or other consideration, figure models who display specified
anatomical areas to be observed, sketched, photographed, painted, sculptured or
otherwise depicted by persons paying such consideration. "Modeling studio" does
not include schools maintained pursuant to the standards set by the State Board
(8) "Nude dancing theater" means any building or structure
which as a regular and substantial course of conduct is used for the
presentation of live dancing or modeling, the dominant or predominant character
and theme of which are the display of specified sexual activity or specified
anatomical areas, as defined in this section, and to which the public is
permitted or invited.
(9) "Sexual encounter center" means a business which
as a regular and substantial course of conduct provides two or more persons, for
pecuniary compensation, consideration, hire or reward, with a place to assemble
for the purpose of engaging in specified sexual activity or displaying specified
anatomical areas. "Sexual encounter center" does not include hotels or
(10) "Establishment of an adult entertainment use" means and
includes the opening of such a business as a new business, the relocation of
such a business or the conversion of an existing use to any adult entertainment
(11) "Specified anatomical areas" means and includes, and is limited
to, the following:
(A) Less than completely and opaquely covered human
genitalia, pubic region, buttocks and female breasts below the top of the
(B) Human male genitalia in a discernibly turgid state, even
if completely or opaquely covered.
(12) "Specified sexual activity" means
and includes, and is limited to, the following:
(A) Actual or simulated
genital or anal sexual intercourse;
(D) Direct physical stimulation of unclothed
(F) Erotic or sexually oriented torture,
beating or the infliction of pain; or
(G) The use of excretory functions in
the context of a sexual relationship.
"Applicant" means any person who
applies for a permit as required by this section.
"Chief of Police" means
the city of Woodland chief of police or his/her designee.
"Clerk" means the
"Council" means the city council.
"Nude dancer" means any
person whose live performance in an establishment to which the public is
permitted or invited includes the presentation of live dancing or modeling, the
dominant or predominant character and theme of which are the display of
specified sexual activity or specified anatomical areas, as defined in this
"Permittee" means any person operating or maintaining an adult
entertainment business under a permit issued pursuant to this
"Person" means any individual, copartnership, firm, association,
joint stock company, corporation or combination of individuals of whatever form
(b) Establishment Permit--Required. It is unlawful for any
person to engage in, conduct or carry on, or to permit to be engaged in,
conducted or carried on, in or upon any premises in the city the operation of an
adult entertainment business without first having obtained the appropriate
permit as provided in this section.
Any person wishing to operate an adult
entertainment business must also apply for and obtain a valid business license
pursuant to Section 13-1-14 of this code. Any such business license shall be
conditioned upon the issuance and maintenance of all permits required by this
section for the operation of an adult entertainment
(c) Establishment Permit--Application. The application for a
permit to operate an adult entertainment business shall set forth the exact
nature of the business to be administered, the proposed place of business, and
the facilities therefore. A form for the application required by this section
shall be obtained from the chief of police. The completed application form shall
be submitted to the chief of police and shall also contain the following
(1) The full true name and any other names used by the
(2) The two previous residential addresses and business
addresses, if any, immediately prior to the present address of the
(3) The applicant’s height, weight, color of eyes, and
(4) The business, occupation or employment of the applicant for the
ten years immediately preceding the date of the application;
(5) The adult
entertainment or similar business license history of the applicant; whether such
person, in previously operating in this city or another city, county or state
under a license or permit, has had such license or permit revoked or suspended;
the reasons therefore and the business activity or occupation subsequent to such
action of suspension or revocation;
(6) All criminal convictions, except
minor traffic violations;
(7) The applicant shall be fingerprinted and have
his or her photograph taken by the city police chief and shall pay such fees
therefore as are charged by the police chief for such services
(8) Such other identification and information as determined by
the police chief, any other city department of jurisdiction, or any fire
protection district or jurisdiction to be necessary to verify the truth of the
matters required by this section;
(9) If the applicant is a corporation or
partnership, the name of the corporation or partnership shall be set forth
exactly as shown in its articles of incorporation or partnership agreement, and
the information required by this subsection shall be furnished for the managing
director or managing employee, any general partner, and any stockholder owning
twenty percent or more of the stock of an applicant
(d) Establishment Permit--Issuance.
(1) Within sixty days
after the submission of a complete application with the chief of police for an
adult entertainment permit, the chief of police shall, based on input from other
departments/officials, approve or deny the permit. No permit shall be
transferable to any other person.
(A) Prior to the expiration of such
sixty-day period, information received as part of the business license
application review shall be forwarded to the chief of police.
(B) The chief
of police may extend the sixty-day period if information sufficient to make a
determination has not yet been made available to him/her.
(2) The chief of
police shall issue a nontransferable adult entertainment business permit if the
applicant has proven that all the requirements for an adult entertainment
business described in subsections (c), (s), (t), and (u) of this section are
met, unless the chief of police finds:
(A) That the operation as proposed by
the applicant will not comply with all the applicable laws, including, but not
limited to, the building, health, planning, housing and fire laws of, or
applicable to, the city; or
(B) That the personnel, or the owners and
operators of the adult entertainment business have engaged in unlawful activity,
or been convicted of any of the following offenses or convicted of an offense
outside the state that would have constituted any of the following offenses if
committed within the state:
(i) Sections 266i, 314, 315, 316, 318 or 647(b)
of the Penal Code of the state or any offense requiring the personnel or the
owners of an adult entertainment establishment to register under Section 290 of
the Penal Code;
(ii) Any felony offense involving the sale of a controlled
substance specified in Sections 11054, 11055, 11056, 11057 or 11058 of the
Health and Safety Code of the state;
(iii) Any crime or unlawful activity,
on the basis of which the chief of police reasonably concludes that by reason of
the nature of the crime or activity, the applicant’s operation of an adult
entertainment business would pose a risk of harm to the public.
Dancer Permit--Required. It is unlawful for any person to be employed or to act
as a nude dancer without having a valid permit issued pursuant to the provisions
of this section, and it is unlawful for any owner, operator, responsible
managing employee, manager or permittee in charge of or in control of an adult
entertainment business to employ or permit any person to act as a nude dancer
who is not in possession of a valid, unrevoked nude dancer permit.
Dancer Permit--Application. The form for a nude dancer application shall be
obtained from the chief of police. The completed form shall be submitted to the
chief of police and shall set forth the place of business and facilities where
the nude dancing shall take place. The application shall also contain the
information required by subsection (c) of this section.
(g) Nude Dancer
(1) Within sixty days after the submission of a complete
application for a nude dancer permit, the chief of police shall act to approve
or deny the permit. The chief of police may extend the sixty-day period if
information sufficient to make a determination has not yet been made available
(2) The chief of police shall issue a nontransferable nude
dancer permit if the applicant has proven that all the requirements for a nude
dancer permit described in subsection (f) of this section have been met, unless
the chief of police finds that the applicant has been convicted of any offenses
as set forth in subsection (d)(2)(B) of this section.
Permit and Nude Dancer Permit--Deadline. The provisions of this section shall be
applicable to persons engaged in the businesses regulated by this section prior
to the effective date of the ordinance codified in this chapter, and to persons
employed as nude dancers prior to the effective date of the ordinance codified
in this chapter. Notwithstanding any other provision of this subsection, such
persons shall file for the permits required by this section within one hundred
eighty days from the effective date of the ordinance codified in this chapter.
Failure to do so shall make the continued operation of such businesses or the
continued employment as a nude dancer a violation of subsections (b) and (e) of
(i) Permit Renewal--Application. If a permittee wishes to
renew his or her permit, the permittee shall complete an application form, as
required by this section, and submit it to the city of Woodland no earlier than
June 1st, nor later than June 15th, prior to the expiration of the existing
permit. Applications for renewal of establishment permits shall include, where
applicable, a list of nude dancers employed by such establishment as of the
renewal date. Failure to submit the renewal application during the time
specified shall cause the permit to automatically expire on the next succeeding
(j) Permit Renewal--Requirements. The chief of police shall renew
permits applied for under subsection (k) of this section if the permittee has
proven that he or she still meets all of the requirements for an adult
entertainment business or a nude dancer permit contained in this section, unless
the chief of police finds that the permittee no longer complies with the
provisions of subsection (d)(2) of this section concerning an adult
entertainment business or subsection (g)(2) of this section concerning a nude
(k) Permit Renewal--Procedure. The procedure for the renewal of a
permit shall be the same as set forth in this section for original permit
applications; however, no additional background investigation or fingerprinting
shall be required.
(l) Permit Revocation or Suspension.
(1) Grounds for
Revocation or Suspension. Any permit issued pursuant to this section may be
revoked or suspended by the chief of police upon a finding that any of the
following grounds exist:
(A) A violation of any of the provisions of this
(B) The conviction of any offense described in subsection (d) of
(A) Any city department of jurisdiction,
including but not limited to the community development department, the building
inspection department, the planning department or any fire protection district
of jurisdiction, may notify the chief of police that grounds exist for the
revocation of an adult entertainment business or a nude dancer
(B) The chief of police shall then give the permit holder written
notice of the grounds for revocation or suspension. The notice also shall
specify a time and place of hearing, and shall be given at least ten calendar
days before the time of the hearing. At such hearing, the permit holder shall
show cause why his/her permit should not be revoked or suspended.
permit holder may appeal the decision of the chief of police to the city
council. If the permit holder does not appeal, the decision of the chief of
police is final and conclusive on expiration of the time fixed for
(D) Appeal from a decision to revoke a permit issued pursuant to
this section shall be made within ten calendar days after written or oral notice
of the decision of the chief of police.
(E) If the permit holder requests a
hearing within the time set forth in subsection (l)(2)(D) of this section, the
clerk shall set the matter for a hearing. The permit holder shall be given
written notice of the time, date and place of such hearing by the clerk at least
ten days prior to the date of the hearing. Such notice either shall be
personally delivered to the permit holder or shall be sent by registered or
(F) If notice is by registered or certified mail, it shall
be deemed delivered on the day following the deposit of the notice in the United
States Postal Service.
(G) If a hearing has been requested, the council
shall receive evidence on the charges contained in the notice to the permit
holder. Upon the conclusion of the presentation of the evidence on the charges,
the permit holder may present evidence to refute the charges.
(H) Upon the
conclusion of the presentation of evidence and any closing statements, the
council may take any of the following actions, which shall be final:
the council finds that there has been a violation of any of the provisions of
this section or finds that the permit holder has been convicted of any offense
described in subsection (d) of this section, the council may:
a. Order the
revocation of the permit; or
b. Order the suspension of the permit for such
time as the council deems proper; or
c. Order the suspension of the permit
for such time as the council deems proper, with reinstatement of the permit
subject to such conditions as may be ordered by the council.
(ii) If the
council finds that the evidence does not support any of the charges, the council
shall order that the charges be dismissed.
(m) Compliance with Section. It
is unlawful for any person to engage in, conduct or carry on, or to permit to be
engaged in, conducted or carried on, in or upon any premises in the city, the
operation of an adult entertainment business in violation of the terms and
conditions of this section.
(n) Operation with Revoked Permit. It is
unlawful for any person to engage in, conduct or carry on, or to permit to be
engaged in, conducted or carried on, in or upon any premises in the city, the
operation of an adult entertainment business if such person’s permit has
(o) Nude Dancer Compliance with Section. It is unlawful for
any person to act as a nude dancer in violation of the terms and conditions of
(p) Inspections. The various city departments of jurisdiction,
including but not limited to the city police chief, the building inspection
department, and the planning department, and any fire protection district of
jurisdiction, may, at any time, inspect the subject premises and investigate the
manner of the operation of the adult entertainment business to insure that it is
operating in compliance with this section.
(q) Change of Business Name or
Location. No person granted a permit pursuant to this section shall operate
under any name or conduct his or her business at any location not specified in
his or her permit. If the business facilities and/or location is changed, a new
permit shall be obtained.
(1) Any violation of
any of the provisions of this section is an infraction, and upon conviction
thereof shall be punished by a fine not to exceed fifty dollars for a first
violation, one hundred dollars for a second violation within one year, and two
hundred fifty dollars for each additional violation within one
(2) Every day that any such violation continues shall constitute a
(s) Establishment--Allowed Zones. The establishment of
adult entertainment uses is prohibited in any zone within the city with the
exception of the C-2 and C-3 zones, as specified in this chapter; provided,
however, no adult entertainment use may be established in any such zone unless
the entire parcel upon which such use is located is outside all of the specified
distance requirements set forth in subsection (t) of this section and unless the
adult entertainment use complies with all the other regulations imposed within
the zone by this chapter.
(t) Spacing Requirements.
(1) The spacing
requirement set forth in this subsection shall be observed in the establishment
of any adult entertainment use.
(A) No adult entertainment establishment
shall be established within five hundred feet of any parcel which is zoned
agricultural (A-1), open space (O-S), single-family residential (R-1), duplex
residential (R-2), multiple-family residential (R-M) or neighborhood
preservation (N-P), as specified in this chapter. For the purposes of this
subsection, "residential use" includes mobile home parks, recreation vehicle
campgrounds and campgrounds, but excludes motels.
(B) No adult entertainment
use shall be established within five hundred feet of any public or private
school or church, synagogue or other place of worship to which the public is
invited or permitted to attend.
(2) It is the intention of the city council
that the distance restrictions set forth in this subsection are cumulative, not
separate; therefore, adult entertainment uses may be established only on parcels
which meet all of the spacing requirements set forth in this
(u) Conditional Use Permit Required. No person shall operate an
adult entertainment use without first obtaining a conditional use permit as
provided in this chapter. Such permit shall be issued by the planning commission
if the applicant meets the criteria listed below. No other land use permit is
required to operate an adult entertainment use, and only the following criteria
may be required as conditions to the issuance of this use permit:
application for a conditional use permit has been made in accordance with the
procedure set forth in Article 27 of this chapter.
(2) All building height,
building site, minimum yard and off-street parking requirements for uses subject
to a use permit in a C-2 and C-3 zone have been met. These requirements are set
forth in Articles 15, 16, and 23 of this chapter.
The issuance of the adult
entertainment use permit may be conditioned upon the erection of a fence of the
type and design which meets the approval of the planning commission.
building and lot on which such business is located comply with local and state
law concerning signs, building security, design review, occupancy, structure,
safety and landscaping, and that all applicable building, plumbing and fire
codes have been met.
(4) Hours of operation may be designated by the
planning commission as additional to the issuance of the use permit if the
planning commission finds, based on substantial evidence presented to it, that
there is a need for regulation of hours due to a specifically identified
significant problem linked to the adult entertainment use. When regulating the
hours of operation of an adult entertainment use, the planning commission shall,
whenever possible, designate hours which are consistent with the hours of
operation of nearby businesses which are similar in nature. If shorter hours
than those of nearby businesses of a similar nature are imposed, the planning
(A) Identify in writing the need for such shorter
(B) Make a specific finding, that a less restrictive condition or
requirement would not alleviate the problems imposed by the longer hours of
operation of such use; and
(C) Set forth the period of time after which the
permit holder could seek review of the planning commission’s designation
of the hours of operation of said use.
(5) All other regulations and
provisions of this section have been complied with. (Amended during the March