Ord 2010-027 - Laserfiche WebLink

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SECTION 1. The recitals set forth above, particularly the aforementioned studies of the secondary effects that arise from adult oriented businesses, are hereby adopted as part of this • ordinance. SECTION 2. Chapter 18, Businesses, Article 6, Sexually Oriented Businesses, of the San Marcos City Code is amended as follows (underlining indicates added text, stAkethfaugh indicates deleted text: ARTICLE 6. ADULT ORIENTED BUSINESSES DIVISION 1. GENERALLY Sec. 18.241. Definitions. In this article: Adult oriented business means a group of businesses involved in providinLy entertainment or amusement to a person or persons, such a tvve of business being an adult arcade. adult bookstore, adult cabaret, adult escort a2encv, adult massaLye establishment, adult motel. adult theater, adult novelty store, adult service establishment, adult video store, sex parlor, sexual encounter center, nude modeling studio, or other adult oriented business. "Other adult oriented • business" also includes any other commercial enterprise, that has as a primary business pumose of offering of a service or the selline, renting or exhibitinL- of material, devices or any other items, intended to provide sexual stimulation or sexual gratification to its customers. and which material, devices or any other items is distinguished by or characterized by an emphasis on matter deoictin2, describing or relating to specified sexual activities or specified anatomical areas, or whose emplovees or customers appear in a state of nudity_ . The followinE_ definitions for various types of adult entertainment uses shall be applicable: (1) "Primary business purpose ", is defined to mean that a main purpose or maior "drawing card" of the business, amonu any other orimary or secondary business pumoses, is nrovidin2 sexual stimulation or gratification throuuh the offering of a service or the selling, renting or exhibiting of material. devices or any other items intended to provide sexual stimulation or sexual gratification to its customers and which material, devices or any other items is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or whose emplovees or customers appear in a state of nudity, but is not intended to include businesses whose entire activities might only be an incidental cause of sexual stimulation or gratification, and whose activities do not involve nudity nor material, devices or any other items distinguished by or characterized by an • emphasis on matter depicting, describing or relating to specified sexual activities or 2