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 exist:
(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 explicit."
(B) The business devotes or intends to devote more than twenty-five percent of the retail floor area to sexually explicit merchandise.
(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.
(D) The 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 purposes.)
(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.
(H) Any 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.
(3) "Adult 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:
(A) The 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 advertising; and
(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 areas.
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; and
(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.
(7) "Modeling 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 of Education.
(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 motels.
(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 use.
(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 areola; and/or
(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;
(B) Oral copulation;
(C) Bestiality;
(D) Direct physical stimulation of unclothed genitals;
(E) Masochism;
(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 city clerk.
"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 section.
"Permittee" means any person operating or maintaining an adult entertainment business under a permit issued pursuant to this section.
"Person" means any individual, copartnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.
(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 business.
(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 information:
(1) The full true name and any other names used by the applicant;
(2) The two previous residential addresses and business addresses, if any, immediately prior to the present address of the applicant;
(3) The applicant’s height, weight, color of eyes, and hair;
(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 generally;
(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 corporation.
(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.
(e) Nude 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.
(f) Nude 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 Permit--Issuance.
(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 to him/her.
(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.
(h) Establishment 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 this section.
(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 June 30th.
(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 dancer.
(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 section; or
(B) The conviction of any offense described in subsection (d) of this section.
(2) Procedure.
(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 permit.
(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.
(C) The 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 appeal.
(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 certified mail.
(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:
(i) If 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 been revoked.
(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 this section.
(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.
(r) Violation--Penalty.
(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 year.
(2) Every day that any such violation continues shall constitute a separate offense.
(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 subsection.
(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:
(1) An 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.
(3) The 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 committee shall:
(A) Identify in writing the need for such shorter hours;
(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 2009 supplement.)