Loading...
HomeMy WebLinkAbout1993-01-26 - AGENDA REPORTS - ADULT BUSINESS REGS (2)AGENDA REPORT City Manager ApproAby:, �. Item to be presenteLL,,.,,,CONSENT CALENDAR Lynn M. Harris *- 7V , raj DATE: January 26, 1993 SUBJECT: ' Adult Business Regulations DEPARTMENT: Community Development BACKGROUND At Its November 10, 1992, meeting, under Council discussion Items, the Council requested the staff to return to the Council with Information on adult business regulation, Including whether or not the Municipal Code has this regulation. This research is without the City Attorney's Involvement. Land use laws addressing adult businesses are legal only if they regulate a legitimate and substantial government/community interest. A rational relationship and connection must be demonstrated between adult businesses and the potential negative secondary effects on the public welfare resulting from their operation. Constitutionally, adult businesses cannot be regulated solely for content. This key point Is further explained In the Summary of Adult Business Regulations (attached). Also, Information is provided on two adult business ordinances adopted by Lancaster and Ontario. Santa Clarita's ordinance is stronger than the Lancaster ordinance because of the conditional use permit requirement, which Is not part of the Lancaster ordinance. As part of the Unified Development Code (UDC), adopted November 24, 1992, Section 17.13.050 (General Commercial Uses, please see attached permitted use chart) limits the location of adult businesses to three zones: Community Commercial (CC), Industrial Commercial (IC), and Industrial (1). They are prohibited In all 13 other zones. Section 17.07 (Definitions) provides 10 definitions (also attached) that define the general array of adult businesses and related terms. Furthermore, a conditional use permit Is required in all three zones. The other provisions used to review new development and tenant improvements such as site plan review,.sign review, parking, etc. are also used. Staff feels that the existing Municipal Code regulations and normal development review procedures are sufficient to address uses potentially Injurious to the public health, safety and welfare, and that the UDC should be given the opportunity to prove Itself. The City's ordinance is much simpler than either the Lancaster or Ontario ordinances. If desired, an ordinance similar to these could be adopted. Should the Council wish to consider additional material not Included in the UDC, also attached is a recent magazine article on the subject. It outlines current requirements and legal Issues. The two options that are available are either to use the City's existing code and procedures, or adopt a new ordinance. Take no further action at this time, and rely on existing Municipal Code provisions which address adult businesses. ATTACHMENTS 1. Summary of Adult Business Regulations 2. Article, "Regulating Adult Businesses;' Dec. 1992, Western City, League of California Cities 3. Excerpts from the Unified /Development Code courciNkladllbwimr /r� — --_. ' �` Agenda Item: SUMMARY OF ADULT BUSINESS REGULATIONS IN GENERAL AND OTHER CITIES' ORDINANCES Balance between freedom of speech and communitv Interests In crafting adult business regulations, a delicate balance must be maintained between protecting the major Constitutional right of freedom of speech, and ensuring the well-being of community Interests. The attached magazine article discusses this Issue In-depth. By law, reasonable allowance must be maintained to permit appropriate .freedom of speech. This means that a reasonable opportunity must be given to open and operate adult businesses. In the need for adult business regulations, the community interest portion of the equation must be oriented toward the potential "secondary effects" of adult businesses, such as reduced property.values, decline in local business revenues, Increased vacancies in commercial lease space, and so on. A major point that courts ruling on such Issues have looked for Is that an adult business ordinance is "content neutral." This means that the ordinance is one that regulates for reasons other than the form of speech, or type of merchandise sold. To withstand a legal challenge, the jurisdiction may not eliminate, discourage, or otherwise suppress a business opportunity based on the content of the merchandise sold. If these points are not carefully addressed, a risk of denial of Constitutional rights is a probability. Basic approaches to adult business regulations Historically, cities have developed adult business regulations which generally reflect one of three approaches; dispersion, concentration, or the two combined. The most common is a dispersal approach. The Intent here Is to disperse adult businesses to the point where no two (or more) are located in close proximity to each other, and to ensure that they are located a sufficient distance from what are termed "sensitive uses." Examples of Identified sensitive uses Include residential neighborhoods, parks and playgrounds, schools, churches, day care centers, and similar areas. Other development and performance criteria are stated, particularly sign requirements, aesthetics and hours of operation. The jurisdiction must be able to demonstrate that the secondary effects of adult businesses are detrimental to community Interests. However, a city may rely on studies of other cities to show the perceived undesirable effects. In essence, a city Is not required to wait until it has one or more adult businesses to demonstrate what the secondary effects are. The second, and a less common approach, is to concentrate adult business uses by allowing them In one or more particular areas of the jurisdiction by regulation. Then, additional requirements such as the development and performance criteria described above, can be Imposed, usually, less restrictive. A third approach Is a combination of the two. It establishes a minimum number of zones in which adult businesses can be located, and provides location requirements within those zones. Effectively, the adult businesses are both concentrated and dispersed. Santa Ciarita Existing provisions of the Unified Development Code combine these two methods. By potentially allowing adult businesses in only three zones, the number of areas in the City where they can be located Is limited. These zones are generally located in areas away from most of the sensitive uses In the City. Additionally, a conditional use permit Is required. This provides further review capability to ensure compatibility. Lancaster: Since the Council mentioned the Lancaster ordinance at the November 10th City Council meeting, a summary of that ordinance is provided here. The ordinance begins with a list of definitions of types of adult businesses and related terms, then establishes location requirements, criteria for violations and penalties, business permit and application requirements, transfer of permit, and performance standards (Including video regulations, prohibition of minors, advertising, and hours of operation). The Lancaster ordinance Is a combined dispersal and concentration ordinance as described above. It limits adult businesses to Just one zone, the Heavy Industrial zone, and provides location criteria. Ontario: The attached article from Western City magazine describes the experience of the City of Ontario In formulating an adult business ordinance.. Ontario utilized an extensive nine-month public participation process to develop Its ordinance. The Ontario ordinance consists of similar, but fewer, requirements to the Lancaster ordinance. It Is comprised of a list of definitions of adult businesses and related terms, permitted zones (as in the Lancaster ordinance, one zone only, Heavy Manufacturing), conditional use permit requirements, location standards, development standards, and provisions for the amortization of existing adult businesses. by Jerry Haag and Steven T. Mattas Regulating adult businesses In California today involves solving a complex equation — balancing legal Issues, land use plan- ning considerations, community Interests and the rights of adult business owners and operators. This article describes Ontario, California's recent experiences with the adult business ordinance update process In a climate of changing legal requirements and strong citizen interest. The authors believe Ontario's experience can be used as a blueprint for other communities desiring to under- take similar efforts. Ontario's interest in adopting revised adult business requirements was sparked by the 1990 opening of an adult video store in a new industrial park. The use violated the city's mid-1970s adult business require- ments, but city leaders realized that ordi. nance needed updating if it were to be enforceable. The nine-month planning pro- cess undertaken by Ontario, culminating in the preparation and adoption of a new ordi- nance was led by Michael E. O'Connor, Interim City Manager of Ontario. The prim mary issues included: WESTERN Crry, DECEMBER 1992 Continued Regulating Adult Businesses, Continued -Developing an understanding of signifi- cant legal issues. •Defining adult businesses to be regulated. *Determining negative secondary effects of adult uses. •Identifying sensitive land uses. •Identifying potential locations for new adult businesses. -Establishing development and perfor- mance standards. •Determining an adequate permit review process. • Dealing with existing adult *Accommodating diverse community and business interests. Each of these topics is discussed below. Legal Issues everal court- deci- sions directly affect local agencies ability to regulate adult business- es. These decisions permit municipal regulation of the external appearance and operation of adult facilities for the purpose of control- ling the negative secondary . effects associated with adult businesses and pre- serving the quality of urban life. However, such regula- tions cannot limit or restrict the type of material sold or - displayed within adult busi- nesses. Local requirements which purposely attempt to regulate the sale and content of adult materials violate the First Amendment to the United States Constitution. The leading United States Supreme Court case regarding adult businesses is City of Renton v. Playtime Theatres, Inc. (1986) 106 S. Ct. 925. In Renton, the Supreme Court held an adult business ordi- nance will be analyzed as a "content neutral time, place, and manner speech regulation" where the city's "predominant concerns" in adopting the ordinance is the secondary effects ofadult businesses on the community and not the content of the speech involved. A content neutral ordinance is one that regulates for reasons other than the form of speech expressed. For example, in Renton, the Supreme Court recognized the City of Renton was regulating the secondary effects including crime and decreased property val- ues of the adult businesses as opposed to the content of the materials sold by adult businesses. When analyzing whether an on dinance is content neutral, the courts look to the language of intent expressed in the ordi• nance.Therefore, cities must ensure the lan- guage of intent expressly identifies that the city's purpose is to regulate the secondary effects of adult businesses and not the con - of adult business definitions may be found in the recently -published reference text Time, Place and Manner ofBusinessActivity Bull and Sears, Southwest Legal Press, 1990). Identifying Negative Secondary Effects s part of the ordinance prepara- tion process, local agencies must identify a link, or nexus, between the presence of adult businesses in the community and negative secondary ef- fects. Typically, negative sec- ondary effects include such things as lowered property values, increased crime and higher commer- cial vacancy rates. Agen- cies are not required to conduct such research studies themselves. Refer- ences to previous studies completed by other juris- dictions have been deem- ed sufficient by courts. (Renton, supra, 106 S.Cttat 931.) A partial list of public agencies that have already completed studies includes Austin, Texas; Phoenix, Arizona; and Indianapolis, Indiana. Ontario's new ordinance relied on a com- bination of previously -com- pleted studies supplement- ed upplemented with studies of local conditions. Jerry Haag is an independent planning consul- tant onsultant in Berkeley, California. Steven T. Mattas is an associate with the law firm of Meyers, 4 Nave, Ribaek & Silver in San Leandro. Assuming an adult business ordinance is content neutral, the ordinance will likely be upheld if it is designed to serve a substan- tial governmental interest In Renton, the Supreme Court reaffirmed its prior state- ments that a city has a substantial govern- mental interest in attempting to preserve the quality of urban life by avoiding the sec- ondary eaondary effects caused by adult businesses. Defining An Adult Business An integral part of the ordinance preparation process is defining what types of activities should be regulated as adult business activities. As cities increase their regulation of specific adult business activities, the business own- ers become more creative in labeling their activities. Thus, cities should structure their definition of an adult business to identify types of activities and then provide specific examples of such activities. A helpful source LEAGUE OF CAMFORW, CMES Identifying Sensitive Land Uses ensitive land uses are those uses which are likely to be the most impacted by the proximity of adult businesses. Typically, such uses include parks and playgrounds, churches, schools and day care centers and other places fre- quented by minors. The list of sensitive uses can be tailored to meet the unique needs of individual communities. However, when cities identify sensitive land uses they should be aware of the potential impact in terms of available alternative sites in identi- fying too many types of sensitive land uses. Potential. Locations — Providing Reasonable Alternative Sites dult business ordinances must provide for reasonable alterna- tive avenues of communication. According to the U.S. Supreme Court, the Fust Amendment requires only that (cities) refrain from effectively denying (adultbusi- nesses) a reasonable opportunity to open and operate an adult theatre within the city." (Renton, supra, at 106 S.C. at 932.) Thus, a city must allow for a legally ade. quate number of sites for future adult uses. In Renton, the Supreme Court instruct- ed that cities may regulate adult uses by dispersing them or by effectively concen- trating them. (Renton, supra, 106 S. Ct. at 93L) Some courts have upheld a com- bined approach regulating adult uses both by dispersing them and effectively concentrating them. For example, in S&G News u City of Southgate, (ED. MI. 1986) 638 F.Supp.1060,1063, the court upheld a zoning scheme which limited adult busi- nesses to C-3 zones and imposed location- al restrictions (such as 1,000 feet from other adult uses, 500 feet from residential dwellings). Other courts have, however, invalidated ordinances which impose sep- aration requirements between adult busi- ness uses and other sensitive uses when those ordinances result in little opportuni- ty for an adult business to operate. (See, Walnut Properties, Inc. v. City of Whittier (9th Cir. 1988) 861 F.2d 1102 and City of Stanton v. Cox (1989) 207 Cal.App.3d 1557, 255 Cal.Rptr. 682) In Walnut Properties, Inc., a federal appel- late court reviewed Whittler's ordinance which permitted adult businesses in com- mercial and industrial zones, but prohibited them from locating within 500 feet of resi- dential lots and businesses holding liquor licenses, and from within 1,000 feet of schools, churches, parks, or other adult businesses. In its decision, the court said the separation requirement rendered the number of acres where adult businesses were permitted a meaningless figure. Instead, the court focused on the number of potential sites available, which depended not so much on the total acreage available under the zoning scheme, but on how that acreage was dispersed or concentrated throughout the city. Finding the ordi- nance would allow only "a small handful" of adult businesses to operate in the City of Whittier, the court held the ordinance unconstitutional. (Walnut Properties, supra, at 1108-1110.) Similarly, in City. of Stanton v. Cox, a Cal- ifornia appellate court invalidated an ordi- nance which prohibited adult businesses within 500 feet of any church, school, park, playground or residential area and within 1,000 feet of another adult business as impermissibly restricting access to law- ful speech, where the town contained only six sites where, regardless of availability, an adult business could operate. In light of the analysis of these post - Renton cases, a city must ensure location- Continued MELLO-Roos ADMINISTRATION BI' MFS WILL_HELP YOU: COMPLY WITH TBE. NEW. CDAC REPORTING. REQUIREMENTS, LOWER GENERAL FUND COSTS AND " CONTROL -DELINQUENCIES. Pass The Word Our Performance Is A PLUS This impressive rate forour PLUS Fund is no secret to more than 150,000 public sector participants in retirement plans administered by the ICMA Retirement Corporation (RC). Put the PLUS Fund to work for your employees. Only through the ICMA Retirement Trust. And only through plans administered by RC. Now that we've passed the word, don't pass up the performance. Call today, toll-free (800) 669-7400. M Retirement is our middle name. REIa vrWEa_r �.oxnr ruis 'k Average Annual Yield for deferred compensation plan ridable investment contract fund asof10/31/92 Since there is no trading marketforinve ut tmntacts,returnsmmistof yield only. Past performance is no guarantee of future results. Call or write for information, including management fees and expenses. ICMA-RC Services, Inc broker/dealer. 1CMA Retirement Corporation • 777 North Capilol Sheets NE a Suite 600 a Washingwn,= 2 0 0 0 2124 0 WESTERN CITY, DECEMBER 1992 Regulating Adult Businesses, Continued al restrictions prescribed by an adult busi- ness ordinance allow an opportunity for an adult business to operate within the city. While the decision to concentrate or disperse adult business or apply a com- bined approach is ultimately a policy deci- sion, the city should ensure the chosen approach does not effectively preclude adult business from locating in the city. Historically, communities have select- ed one of three regulatory approaches — concentrated, dispersed or combined. The concentrated approach involves cre- ating a special zone district which places all adult businesses in one area in a city.-=. A dispersed approach, allows communi- ties to distribute adult uses throughout the community through separation re- quirements. A combined approach re- quires adult uses to locate only within certain zoning districts and requires min- imum distances between adult business uses, as well as minimum distances between adult businesses and other sen- sitive uses. Once a location strategy is decided, the number of potential locations can be esti- mated through a mapping exercise. First, zoning districts to accommodate adult uses are identified (using the concentrat- ed, dispersed or combination approach), then all sensitive land uses within appro- priate zone (s) are mapped and develop- ment and performance standards applied (see discussion of such standards, below). Areas not otherwise excluded as being too close to sensitive land uses would therefore be eligible for the loca- tion of an adult business. Establishing Development And Performance Criteria Many cities require new adult businesses to comply with minimum development and performance standards, in the context of minimizing negative secondary effects of adult uses. Typical standards require a minimum distance between an adult busi- ness and sensitive land uses, limitations on entry by minors, and limitations on exterior display signs. ■ Project Definition ■ Project Development Planning ■ Feasibility/Financing Analysis . ■ Preconstruction .. . Services ■ Construction . Management ■ Occupancy/Operations Analysis & Planning 4AE SNIDER LANGSTON. Real EMatearx!Cons6vct1Q750 CE9. Corporate Headquarters - 17962 Cowan • Irvine, CA 92714 • 714-863-9200 Inland Empire Los Angeles Oxnard/Ventura San Diego _ 714/369-7140 213/628-1122 805/988.1585 619/4963700 LEncuE OF CALIFORNIA CMES Permit Review Process mes may require new adult uses to obtain special zoning approvals, such as conditional use permits. Care must be taken, however, to ensure that such requirements are not invalidated as a prior restraint In a recent case, a California appellate court invalidated a Los Angeles County conditional use permit requirement because of the absence of a specific time frame within which the county must approve or deny conditional use permit applications. (People u Library One (1991) 229 CaLApp.sd 973, 280 CaLRptr. 400) Asimilar ruling also was made against adult business regulations adopted by the City of Dallas. (FW/PBS, Inc. u Dallas (1990) 110 S.Ct 596.) The City of Ontario responded to this issue by adopting a sit -month processing period for condition- al use permits for adult businesses. Existing Uses entiment may exist to amortize, or phase out, adult businesses which already operate in the community. If a new ordinance is approved, such busi- nesses may become legal nonconforming uses, or may already have existed as legal non -conforming uses. Amortization of existing adult business uses may occur, however, care must be taken to permit owners of adult uses and opportunity to recoup their financial investments in their businesses. California and federal courts have con- sistently held that zoning ordinances may validly provide for the eventual termination of nonconforming uses without compensa- tion if the ordinance provides for a reason- able amortization period commensurate with the investment involved. Whether a particular amortization provision provides a reasonable time period commensurate with the investment involved depends greatly on the facts of each individual case. In making such a determination, the decision-making body must view several factors and then balance "the public gain to be derived from the speedy removal of the nonconforming use against the private loss which removal of the use would entail." (Metro Media, Inc. v. City of San Diego (1980) 26 CaUd 848, 164 Cal.Rptr. 510, 530) Because regulation of adult businesses raises potential Fust Amendment concerns, courts more closely scrutinize amortization provisions that, when combined with restrictive adult busi- ness ordinances, operate to severely restrict opportunities for protected expres- sion. (Purple Onion, Inc. u Jackson (N.D. GA. 1981) 511 F.Supp.1207) . Courts have identified a number of fac- tors cities should consider in making deter- minations regarding the reasonableness of a particular amortization period. Some of these factors include: i. The adult business owner's financial investment in the adult business; 2. The present actual and depreciated value of the business improvements; 3. The remaining lease term; 4. The cost of relocating the adultbusiness; 5. The ability of the business and/or land owner to change the use to a conform- ing use; 6. The date upon which the property owner and/or business owner received notice of the nonconforming status of his or her use; and 7. The effects on the health, safety and wel- fare of surrounding businesses and uses if the adult business is permitted to oper. ate beyond the initial amortization peri- od. Metro Media, Inc. v. City of San Diego, supra; and 11126 Baltimore Boulevard v Prince George's County (4th Cir. 1989) 886 F.2d 1415) Under Ontario's new ordinance, existing adult businesses have a maximum of two years to comply with the provisions of the ordinance which would include relocating to areas within the city where adult busi- nesses are conditionally permitted uses. The ordinance does, however, provide an administrative process whereby an existing adult business can request the extension of its amortization period. Such an administra. tive process is desirable because it permits the city to evaluate carefully ther reason - al leness of the amortization period for each adult business and because the pro- cess creates an administrative record. Community Review pdating adult regulations can become a potentially explosive issue in the community. Residents may have strong feelings regarding the location of future adult businesses, espe- cially if adult uses are anywhere near their neighborhood. Adult business owners want a fair consideration as to their constitutional rights to operate. To understand the full range of feelings in Ontario, the City Council directed that a series of community meetings be held to fully explain legal issues to the public and a solicit input as to range of acceptable regulatory solutions. Conclusion 0 ntario's experience regulating adult businesses can be used by other communities faced with the same issues, so long as individual dif- ferences between communities are rec- ognized. The entire process took approx- imately nine months. The stakes are high and the pitfalls are many. But suc- cessfully dealing with the legal, planning and citizen involvement issues can signif- icantly assist in improving the appear- ance and quality of life in our communi- ties while upholding our constitutional right of free speech. ■ The California Energy Commission upleased to announce the award winners of "Ener�yF�re x i vnent" -Berkeley • Best Large City for its North and West Senior Centers, Fire Administration Building and Hall of)ustice Seal Beach -.Best Medium -Sized City for its City Hall and Marina Community Center Lonna Linda Best Small City for its Public Library and Fire Department Building The Commission's Energy Partnership Program assists cities and counties in becoming more energy efficient. Each year, it gives special recognition to three cities for their superior energy -efficiency accomplishments. WESTERN CrtY, DECEMBER 1992 ``"'4PTER 17.13 PERMITTED USE CHARTS (continued) P. Permitted, M = Minor Ur PmmA C. Conistim al Vr, Permit, x: Probibiwd 17.11036 Public &Seed-Publle Usa(mnueoeul) A RR RVL RL RS RM RMH R9 CPC CC CN CO VSR RP IC 1 6. a. Day cumin, day can aabod" 11 chldmn or P P P P P P P P M M M M M M M M less in accordmnce with Section 1 S97,16(a)(3) but not 1®wd m, mitummired w efcre, fnnoci l of the Saw Health and Sakry Cod. imaimomm. deiacl rd kW anima, oumu Img - b. Day amserim, day care mrbro s. tome Nan 13 C C C C C C C C M M M M M M M M duldreo in aceortlame with Section 1597,16(.x3) - offices o.dkg and wJawd hrhh amus of the Sum HedN and Sakry Code . 1 Adult bmioemme x x x X x 7. Edu.,ti -1 b uiudom, politic or private, C C C C C C C C C C C C C C C C mdvd'mg voraiiood acbads and aolcgm x x x x P P P -P P P P, P 4. Apperel .mea x 8. Group mo, faclium avd na{demial mtheurr x x X x x C C C x x X X X X x x Welt mvmg mote Nan .is per* x x x X x x x x P P P P X P P, x 9. bonen). built C x x x X x x X X x x x x x C C 1Q a. Pablmfsliteaaodault mdad' bmme M M M M M M M M M M M M M M M M 1mited r City beadgmnms, Lberin, soul public offices b. Eteoeiral subuitiou, vmembeem, sabmetiam, C C C C C C C C C C C C C C C C <lcctrm l aepooneaon famLuw aad sect.. ame, 11. Mortuaries C C x x x x x x x P x P X P P' X 12 Pou offmo braocb. X x X X X x x x P P P P P P P, P 11 Public mod pivam rocromu ml Oceania md.dng, C C C C C C C C C C C C C C C C bon pot 1®wd m, may debt, kood son swim doh, . 0df.. ncgmNdl mod hw,w§ lI. ]sited onosmmdd oara wbich u ..mody aardamd and dimply nlewd to the primary os N precinct. M Z. C x x x x X x x x x x x C. x x x P . Permlued, M . Mmor Ur Pesmil, C. Cnndltimal Vs, Permit, x w Prohthikd 17.1111,111 Temporary lhra A RR RVL RL RS RM RM9 R9 RC CC CN CO VSR RP IC I 1. Tampon ore, r ".,.it i. Nis Code P P P P P P P P P P P P P P P P P. Pen iu4 M . Mlmr the Parrett, C. Cosditimal Ur Pam", X. Pt b Mred 17.11058 Gemral Ltimmrdsl Urs A RR RVL RL IS RM RM9 RH CPC CC CN CO VSR RP IC I 1. Ad®imuitre sod proksiooal vma imm m3admg, X x x X- X x 'X x P P P P P P P. M but not 1®wd m, mitummired w efcre, fnnoci l imaimomm. deiacl rd kW anima, oumu Img smvioce. drive through b.&& public ab7iry company - offices o.dkg and wJawd hrhh amus . 1 Adult bmioemme x x x X x x X x x C x x x X C C 3. Antigo<ohole(out mehidiog.0.0dhsod tons) X x x x x x x x P P P -P P P P, P 4. Apperel .mea x x x x x X X x P P P P P P x X S. Appliavoe sorra Md up& x x x X x x x x P P P P X P P, x 2-7 DEVELOPMENT CODE City of Santa Clarita, California 11124192 UDC ADULT BUSINESSES -RELATED DEFINITIONS 5. ADULT shall mean a person who is 18 years of age or older. 6. ADULT BOOKSTORE shall mean an establishment that devotes more than 15% of the total floor area utilized for the display of books and periodicals to the display and sale of the following; books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records, or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. An adult bookstore does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock -in -trade and does not devote more than 15% of the total floor area of the establishment to the sale of adult only books and periodicals. 7. ADULT BUSINESS shall meat any business which, because minors are excluded by virtue of their age as it prevailing business practice, is not customarily open to the general public, including but not limited to, an adult arcade, adult bookstore, adult theater, cabaret, love parlor, massage parlor, model studio, nude studio, sexual catharsis center, sexual encounter shop, sexual novelty store or any other similar use wherein the preponderant business is the offering of services, materials and/or products which have as their dominant theme the sexual arousal, sexual gratification and/or sexual stimulation of a customer. This definition does not apply, nor shall be interpreted to apply, to any business conducted, operated by or employing licensed chiropractors, licensed physicians, licensed physical therapists, licensed psychologists, licensed social workers or licensed marriage and family counselors when performing functions under or pursuant to the respective license held. 8. ADULT CABARET shall mean a nightclub, bar; theater, restaurant or similar establishment which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas and/or which regularly features films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. 10. ADULT HOTEL OR MOTEL shall mean a hotel, motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit televisions transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. 11, ADULT MOTION PICTURE ARCADE shall mean anyplace to which the adult public is permitted or invited where 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 five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emmphasis on depicting or describing specified sexual activities or specified anatomical areas for observation of patrons. 12. ADULT MOTION PICTURE THEATER shall mean an establishment, with the capacity of 50 or more persons, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. 194. SEXUAL ENCOUNTER ESTABLISHMENT shall mean an establishment, other than a hotel, motel, or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate, or consort in connection with specked sexual activities or the exposure of specified anatomical arca. This definition does not include and establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State of California engages in sexual therapy. For the purposes of these regulations, sexual encounter embfishment shall include massage or rap parlor and other similar establishments. 239. SPECIFIC ANATOMICAL AREAS a. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 240. SPECIFIED SEXUAL ACTIVITIES a. The fondling or other touching of human genitals, pubic region, buttocks, anus, or female breasts; or b. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or C. Masturbation, actual or simulated; or d. Excretory functions as part of or in connection with any of the activities set forth in a through c above. advmceWdcadult.kmk