A.            Purpose:  In adopting this Section, the Board of Supervisors of the County of Monterey recognizes that certain types of adult entertainment facilities possess certain objectionable operational characteristics which, if such uses are allowed to concentrate, will have adverse effects upon the character of the affected area and adjacent neighborhoods.  The Board further recognizes that locating adult entertainment facilities in close proximity to facilities frequented by minors will cause the exposure of minors to adult material which may adversely affect such minors due to their immaturity.  Additionally, it is recognized by the Board that while certain adult entertainment enjoys limited protection under the First Amendment to the United States Constitution, substantial numbers of the citizens of the County of Monterey are offended by the public display of sexually oriented material.  Special and limited regulation of adult entertainment uses, consistent with the First Amendment rights of such uses, is therefore necessary to insure that these adverse effects of adult entertainment uses will not contribute to the blighting or downgrading of zones in which they are permitted, the downgrading of surrounding neighborhoods, will not adversely affect minors, and will not offend those citizens of the County who do not wish to be exposed to sexually oriented material.

B.            Applicability:  The provisions of this Section apply to all proposed adult entertainment facilities.

C.            Definitions:  As used in this Section, the following terms shall have the following meanings:

1.            Specified sexual activities means:

a.           Human genitals in a state of sexual stimulation or arousal;

b.           Acts of human masturbation, sexual intercourse or sodomy;

c. Fondling or other erotic touching or sex stimulation of human genitals, pubic region, buttock, or female breast.

2.            Specified anatomical areas means:

a.           Less than completely or opaquely covered;

i.           Human genitals;

ii.          Human buttock;

iii. Human female breasts below a point immediately above the top of the areola; and

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

3.         Adult entertainment facility as used in this Section shall include the following uses:

a. Adult bookstore means an establishment having as all or a substantial or significant portion of its stock, books, magazines or other periodicals or films, peepshows, or other similar devices designed for use in individual viewing of films on the premises, which books, magazines, periodicals, films, peepshows, or similar devices are substantially devoted to the depiction of specified sexual activities or specified anatomical areas as defined herein.

b. Adult motion picture theater means a building or structure or portion thereof used for presenting material in the form of motion picture film, video tape or other similar means which film, video tape, or other means is substantially devoted to the depiction of specified sexual activities or specified anatomical areas for observation and viewing by patrons therein.

c. Adult live entertainment establishment means a building or structure or portion thereof used or proposed to be used for presenting live entertainment which is substantially devoted to the depiction of specified sexual activities or specified anatomical areas for observation and viewing by patrons therein.

d. Adult entertainment facility means any facility which includes an adult bookstore, an adult motion picture theater, an adult live entertain­ment establishment or any other place of business of any similar purpose, operation or function.

e. Massage establishment means any establishment or proposed establishment having a fixed place of business or which operates by means of soliciting or receiving business by means of telephonic communication without a fixed place of business, the purpose of which establishment is to give, receive, or provide massage or any similar or like service to customers or clients of said establishment. Massage establishment shall not include a facility operated by:

i. Physicians, surgeons, chiropractors, osteopaths, physical therapists or massage therapists who are duly licensed to practice their respective professions in the State of California;

ii. Nurses who are registered as such under the laws of the State of California.

D.            Location of Adult Entertainment Facilities.

1.         No persons, whether as principal, agent, employee or independent contractor, either for himself or for any other person, or as an officer of any corporation or member of any partnership, or otherwise, shall place, maintain, own, or operate any adult entertainment facility in the following locations:

a.           Within 1,000 feet of any "HDR", "MDR", "LDR" or "RDR" district;

b. Within 1,000 feet of any parcel of real property upon which is located any of the following:

i.           A public or private school attended primarily by minors;

ii.          A church;

iii. A public work or recreation facility which is available for use by minors.

c.           Within 1,000 feet of any other adult entertainment facility.

2.         An adult entertainment facility shall only be permitted in commercial zoned districts upon first obtaining a Coastal Development Permit in each case.

E.         Public Display of Certain Matter Prohibited.

Adult entertainment facilities shall not display or exhibit any material depicting specified anatomical areas or specified sexual activities in a manner which exposes said material to the view of persons outside the building in which said facility is located.