Chapter 4.12 ADULT BUSINESS REGULATIONS

The regulations set forth in this chapter shall apply specifically to adult businesses. It is the intent of this chapter to regulate adult businesses in order to promote the health, safety, and general welfare of the citizens of the city. Studies from other communities show that adult businesses, unless closely regulated, tend to have serious negative secondary effects on the community, including but not limited to the following: depreciation of property values; increases in vacancies in residential and commercial areas in the vicinity of adult businesses; interference with residential property owners’ enjoyment of their property; crime, litter, noise and vandalism; blighting conditions such as low-level maintenance of commercial premises and parking lots. As a result, special regulations are necessary to prevent these adverse effects and the blighting or degradation of neighborhoods in the vicinity of adult businesses.

The regulations contained in this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult businesses and adult-oriented entertainment to their intended market.

Finally, nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinance or any statute of the state of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-027 § 4 (100)].

4.12.020 Definitions.

For purposes of this chapter, the words and phrases shall have the same meanings respectively ascribed to them by this section:

“Adult arcade” means a business establishment to which the public is permitted or invited, and image-producing devices, such as still or motion picture machines, projectors, videos, holograms, virtual reality devices, whether operated by mechanical, electronic or electrical means, are maintained to display images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.

“Adult bookstore/adult video store/adult novelty store” means any establishment which on a regular and substantial basis sells or rents, offers for sale or rental, for any form of consideration, any one or more of the following:

1. Books, magazines, periodicals or other printed matter, or photographs, films, sculptures, motion pictures, videocassettes, slides or other visual representations, which are characterized by an emphasis on material depicting, describing or relating to specified sexual activities and/or specified anatomical areas.

2. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities, including goods which are replicas of, or which simulate specified anatomical areas or specified sexual activities, and goods which are designed to be placed on or in specified anatomical areas.

“Adult business” means a business which is conducted for the patronage of adults and as to which minors are specifically excluded from patronage, either by law and/or by the operators of such business, and which is characterized by an emphasis on specified sexual activities and/or specified anatomical areas. “Adult business” also means and includes any adult arcade, adult bookstore/adult video store/adult novelty store, adult cabaret, adult dance studio, adult hotel/motel, adult motion picture theater, adult theater, sexual encounter establishment, nude modeling studio, adult tanning salon, sex supermarket, sex mini-mall, and any other business or establishment that on a regular and substantial basis offers its patrons entertainment or services which involve, depict, describe or relate to specified sexual activities and/or specified anatomical areas.

“Adult business operator” (hereinafter “operator”) means a person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult business or the conduct or activities occurring on the premises thereof.

“Adult cabaret” means a nightclub, restaurant, or similar business establishment which on a regular and substantial basis: (1) features live performances which are distinguished or characterized by an emphasis upon the display or description of specified anatomical areas or specified sexual activities; and/or (2) features persons who appear semi-nude; and/or (3) shows films, computer generated images, 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.

“Adult dance studio” means any business or commercial establishment that provides for members of the public a partner for dance where the partner, or the dance, is distinguished or characterized by an emphasis on matter involving, depicting, describing or relating to specified sexual activities and/or specified anatomical areas.

“Adult entertainer” means any person who, with or without any compensation or other form of consideration, provides performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities and/or who appear semi-nude.

“Adult hotel/motel” means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which on a regular and substantial basis (1) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction, description, or relating to specified sexual activities or specified anatomical areas; and/or (2) rents, leases, or lets any room for less than a 10-hour period, or rents, leases, or lets any single room more than twice in a 24-hour period.

“Adult motion picture theater” means a business establishment where, for any form of consideration, and on a regular and substantial basis shows films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

“Adult nude modeling studio” means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. “Adult nude modeling studio” does not include schools maintained pursuant to standards set by the State Board of Education, or any classroom of any school licensed under state law to provide art education while such classroom is being used in a manner consistent with such state license. “Adult nude modeling studio” further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available specified sexual activities.

“Adult or adult-oriented material” means the same as sexual or sexually oriented material or material depicting, describing or relating to specified anatomical areas and/or specified sexual activities.

“Adult tanning salon” means a business where patrons receive tanning services in groups of two or more and where patrons or employees of the establishment are nude or expose specified anatomical areas. An adult tanning salon shall also include a business establishment where the employees thereof are nude or expose specified anatomical areas for any form of consideration.

“Adult theater” means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

“Advertise” means public notice or announcement of items or services through the use of newspaper, handbills, radio, television, or other means of public communication.

“Applicant” means a person who is required to file an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an adult business, or an adult entertainer.

“Distinguished or characterized by an emphasis upon” means and refers to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to performances “which are distinguished or characterized by an emphasis upon” the depiction or description of specified sexual activities or specified anatomical areas, the performances so described are those whose dominant or predominant character and theme are the depiction of the specified sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal.App.3 151 (1981).

“Employee of an adult business” means a person who works or performs, as an employee or as an independent contractor, in and/or for an adult business, regardless of whether said person is paid a salary, wage, or other compensation by the business.

“Escort” means any person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. “Escort” shall not include any person hired by a state-licensed school for purposes of modeling in any art education class while such a person acts in that capacity or any federal, state- and/or city-licensed limousine or taxi service.

“Escort agency” means a person or business entity, which furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for any form of consideration.

“Establishment of an adult business” shall mean and include any of the following:

1. The opening or commencement of any adult business as a new business;

2. The conversion of an existing business, whether or not an adult business, to any adult business;

3. The addition of any of the adult businesses to any other existing adult business; or to another existing non-adult business, with or without expansion of the floor area;

4. The relocation of any adult business; or

5. The substantial enlargement of an existing adult business. For purposes of this subsection, “substantial enlargement” means an increase or expansion, over the lifetime of an adult business, of more than 10 percent or 100 square feet, whichever is less, in the portion of the floor area of the business which is devoted to products, services or entertainment with an emphasis on material depicting, describing or relating to specified anatomical areas and/or specified sexual activities.

“Figure model” means any person who, for pecuniary compensation, consideration, hire or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed or otherwise depicted.

“Live entertainment” means the performance, enactment, or execution of an action participated in by one or more persons, including, but not limited to, a play, dramatization, pantomime, revue, modeling, burlesque, dance, recital, concert, vocal production, show, or disrobing, with or without music, band, or orchestra accompaniment.

“Notice” means written notice given by personal service upon the addressee, or given by the United States mail, postage paid, addressed to the person to be notified at his or her last known address. Service of such notice shall be effective upon the completion of personal service, upon placing the same in the custody of the United States Postal Service.

“Nudity” or a “state of nudity” means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the areola, or the showing of the covered genitals in a discernible turgid state.

“Off-premises” means any business where the primary services or entertainment are provided at a location or locations other than the premises of the subject business.

“Operate an adult business” means the supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of an adult business or activities within an adult business.

“Operator of an adult business” means the owner, permittee, custodian, manager, operator, or person in charge of any adult business.

“Park” means a playground, swimming pool, athletic field, picnic area, or other open space area designated and/or designed for active and passive recreational use which is under the control, operation or management of the city of Aliso Viejo or other public or nonprofit agency/entity.

“Permittee” means the person to whom a permit is issued pursuant to this chapter.

“Person” means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.

“Police chief” means the chief of police services of the city of Aliso Viejo or the authorized representatives thereof.

“Private viewing area” means an area or areas in an adult business of less than 150 square feet that is designed or used for purposes of viewing or watching a performance, picture, show, film, videotape, slide, movie, or other presentation.

“Public nudity” means nudity that occurs in a business open to the public, whether or not a fee is charged for admission to such business.

“Regular and substantial basis/course of conduct” means an activity, performance or condition that constitutes more than 15 percent of the total performance time, stock-in-trade, revenue, floor space, advertisements or similar element of the business. For purposes of this definition, revenue shall include gross revenue generated by the business, including revenue received by entertainers and others who work as independent contractors. For purposes of this definition, the floor space devoted to a regulated activity includes, but is not limited to, display areas, sales areas, performance areas, viewing areas, dressing rooms, and all aisles and pathways between and within such areas.

“Regularly features” with respect to an adult theater or adult cabaret means on a regular and substantial basis or course of conduct and/or that which occurs on two or more occasions within a 30-day period; three or more occasions within a 60-day period; or four or more occasions within a 180-day period.

“Religious institution” means a structure that is used primarily for religious worship and related religious activities, including, but not limited to, a church, chapel or similar place of worship.

“Residential use or zoning district” means single-family dwelling, duplex, townhouse, multiple-family dwelling, or mixed residential/commercial development, and/or property which is zoned primarily for residential use.

“School” means any child or day care facility, or any institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education, or any undergraduate or junior level college. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, undergraduate or junior college, or any special institution of education, including a probation resource center for minors, but it does not include a commercial, vocational or trade institution of higher education, or any graduate level university, or nonprofit research institution.

“Semi-nude” means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

“Sex supermarket/sex mini-mall” means the establishment of more than one type of adult business or use, as defined in this chapter, within the same single building, or within the same commercial complex or center where each adult business is not located more than 150 feet from another adult business.

“Sexual encounter establishment” means a business or commercial enterprise that offers, for any form of consideration, a place where two or more persons may congregate, associate or consort in connection with specified sexual activities and/or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist or similar professional person licensed by the state engages in sexual therapy.

“Sexual material” means material depicting, describing or relating to specified anatomical areas and/or specified sexual activities.

“Specified anatomical areas” shall mean less than completely and opaquely covered human genitals, pubic region, buttocks, anus, and female breast below a point immediately above the top of the areola, and/or human male genitals in a discernibly turgid state even if completely and opaquely covered.

“Specified sexual activities,” as used herein, means and includes any of the following, whether performed directly or indirectly through clothing or other covering:

1. The fondling or other intentional or erotic touching of specified anatomical areas;

2. Sex acts, actual or simulated, including coitus, masturbation, oral/anal copulation, bestiality, flagellation or torture in the context of a sexual relationship;

3. Sexual stimulation, arousal or tumescence of human genitals;

4. Ejaculation of human or animal semen, actual or simulated; or

5. Excretory functions, urination, vaginal or anal irrigation as part of or in connection with any of the other activities described in subsections (1) through (4) of this definition.

“Transfer of ownership or control of an adult business” means the sale, lease, or sublease of an adult business; the transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; and/or the establishment of a trust, gift, or other similar legal devise which transfers ownership or control of the business, except for transfer or other operation of law upon the death of a person possessing the ownership or control. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-027 § 4 (200)].

Cross-reference: definitions generally, AVMC 1.02.010.

4.12.030 Minimum proximity requirements.

No adult business shall be established or located in any zoning district or planning area in the city other than those planning areas identified in Section XXVII of the Aliso Viejo planned community development plan and supplemental text², or within certain distances of certain specified land uses or zones, or other adult businesses as set forth below:

A. No adult business shall be established or located within 500 feet from any existing residential district or use, park, religious institution, or school, as defined in AVMC 4.12.020.

B. No adult business shall be established or located within 300 feet from any existing adult business, whether in the city of Aliso Viejo, in an adjoining city or within an unincorporated area. Where two or more adult business applications are submitted for businesses which could be located in closer proximity to each, the application which was accepted first in time shall be processed by the city, with any later submitted applications deemed nonconforming until such time as a determination is made by the city on the initial application.

C. The distances set forth above shall be measured as follows:

1. The distance between any adult business and any residential use, park, religious institution, or school shall be measured in a straight line, without regard to the boundaries of the city and intervening structures, from the primary entrance of the adult business to the nearest property line of such residential use, park, religious institution, or school.

2. The distance between any two adult businesses shall be measured in a straight line, without regard to the boundaries of the city and intervening structures, from the closest point of each business.

D. No more than one adult business is allowed within the same building, or portion thereof, or within the same commercial/industrial center or complex unless each business is separated from another adult business by more than 300 feet pursuant to subsection (B) of this section. No sex supermarket or sex mini-mall as defined in AVMC 4.12.020 is permitted in the city of Aliso Viejo. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-027 § 4 (300)].

4.12.040 Compliance with locational requirements.

No adult business shall be established or continued, no substantial enlargement of an adult business shall be undertaken, and no adult entertainers shall perform upon the premises of an adult business without first complying with all requirements of this chapter. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-027 § 4 (400)].

4.12.050 Compliance with applicable standards and regulations.

Adult businesses locating in new buildings shall comply with all applicable standards and regulations of this chapter, as well as all standards and regulations pertaining to building location, height and size, architectural review, parking, landscaping, and signs. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-027 § 4 (500)].

Cross-reference: zoning code, AVMC Title 15.

4.12.060 Amortization of nonconforming adult business uses.

Any use of real property existing on the effective date of the ordinance codified in this chapter, which does not conform to the provisions of this chapter, but which was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued for one year after the effective date of the ordinance codified in this chapter. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved in accordance with the provisions of this chapter.

A. Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult business shall result in a loss of legal nonconforming status of such use.

B. Amortization of Annexed Property. Any adult business which was a legal use at the time of annexation of the property and which is located in the city, but which does not conform to the provisions of this chapter shall be terminated within one year of the date of annexation unless an extension of time has been approved in accordance with the provisions of this chapter. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-027 § 4 (600)].

4.12.070 Extension of time for termination of nonconforming uses.

The owner or operator of a nonconforming use as described in AVMC 4.12.060 may apply under the provisions of this section to the city manager for an extension of time within which to terminate the nonconforming use.

A. Time and Manner of Application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of this chapter may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the city manager or his/her designee, at least 90 days but no more than 180 days prior to the time established in AVMC 4.12.060 for termination of such use.

B. Content of Application – Fees. The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for an appeal of an adult business permit as is set forth in the schedule of fees established by resolution of the city council. An application which fails to state a basis upon which an extension may be granted, as required herein, shall be returned to the applicant as nonresponsive, together with the application fee less any reasonable administrative costs of processing the application.

C. Hearing Procedure. The city manager shall appoint a hearing officer to hear the application. The hearing officer shall set the matter for hearing within 45 days of receipt of the application. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; and may be represented by counsel. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the hearing officer shall be final and subject to judicial review pursuant to California Code of Civil Procedure Section 1094.8.

D. Approval of Extension – Findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the hearing officer makes all of the following findings, or such other findings as are required by law.

1. The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to the effective date of the ordinance codified in this chapter, or prior to the date of annexation; and

2. The applicant will be unable to recoup said investment as of the date established for termination of the use; and

3. The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with this chapter. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-027 § 4 (700)].

4.12.080 Permits required.

It shall be 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 of Aliso Viejo, the operation of an adult business unless the person first obtains and continues to maintain in full force and effect an adult business permit from the city of Aliso Viejo as required by this chapter. A separate adult business permit is required for each location in the city at which an adult business is to be established. The requirements of this chapter for an adult business permit are separate and in addition to a business license that may be required under the city’s municipal code.

It shall be unlawful for a person to perform as an adult entertainer at an adult business in the city of Aliso Viejo unless the person first obtains and continues to maintain in full force and effect an adult entertainer permit from the city of Aliso Viejo. The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining an adult business permit. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-027 § 4 (800)].

Cross-reference: escort services, business license required, AVMC 4.01.020.

4.12.090 Adult business permit required.

A. Every person who proposes to establish, maintain, operate or conduct an adult business in the city of Aliso Viejo shall file an application with the city manager upon a form provided by the city. The applicant shall attach a copy of the receipt indicating that the requisite fees were paid to the finance department of the city of Aliso Viejo. The fees paid shall not be refunded if substantial processing of the application has occurred.

B. Adult business permits are nontransferable, except as provided in AVMC 4.12.150.

C. All applications shall include the following information:

1. A detailed description of the type of adult business for which the permit is requested, including reference to definitions in this chapter, and the proposed address where the adult business will operate, plus the names and addresses of the owners and lessors of the adult business site. In the event the applicant is not the legal owner of the property, the application must be accompanied by a notarized acknowledgement from the owner of the property that an adult business will be operated on his/her property.

2. If the applicant is an individual, the individual shall state his or her legal name, including any aliases, address, and submit satisfactory written proof that he or she is at least 18 years of age.

3. If the applicant is a partnership, the partners shall state the partnership’s complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.

4. If the applicant is a corporation, the corporation shall provide its complete corporate name, the date and state of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, and principal stockholders (with 10 percent or more of all outstanding shares of stock), the name of the registered corporate agent and the address of the registered office for service of process.

D. If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a 10 percent or greater interest in the business entity shall sign the application.

E. If the applicant intends to operate the adult business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult business and show proof of registration of the fictitious name.

F. The application shall include the following information about each and every officer, director, partner, employee of the adult business, and any independent contractor and any other person who will work at the adult business:

1. Name, current residential address, and telephone number.

2. Date of birth.

3. Social Security number and any state or federally issued tax identification number.

4. Height, weight, color of hair and eyes.

5. Driver’s license number.

6. Stage name (if applicable) and other aliases used within the previous two years.

7. Two recent photographs, passport-quality.

8. Fingerprints for purposes of identification at the discretion of the police chief.

9. Complete employment history for the past 10 years.

10. Disclosure of whether, within five years immediately preceding the date of the filing of the application for permit, such person has been convicted, pleaded guilty or pleaded nolo contendere of a misdemeanor or felony which is classified by the state as an offense involving sexual crimes against children, sexual abuse, rape, kidnapping, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to, the violation of any crime requiring the registration under California Penal Code Section 290, or any violation of California Penal Code Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 316, or 647, or the equivalent of the aforesaid offenses outside the state of California, and the date and places of such convictions.

G. The application must also list whether, preceding the date of application, the applicant or any officer, director, partner, employee, independent contractor, and other persons who will work at the adult business has:

1. Had a previous permit under this chapter denied, revoked, or suspended, and the date of such denial, revocation, or suspension;

2. Been a partner in partnership or an officer, director or principal stockholder of a corporation whose permit under this chapter has been denied, revoked, or suspended and the date of such denial, revocation, or suspension;

3. Had an adult business license, pursuant to regulations of another city or county, which was denied, suspended, or revoked, and if so, the name and location of such adult business and the date of such denial, suspension or revocation; or

4. Currently holds, or is a partner in a partnership or an officer, director or principal stockholder of a corporation that currently holds, other permits issued pursuant to this chapter, or other adult business permits/licenses issued from another city or county, and if so, the names and addresses of such adult businesses, and the permitting jurisdiction.

H. The application shall also include the following:

1. A current certificate and straight line drawing prepared within 30 days prior to application depicting the building and the portion thereof to be occupied by the adult business, and the surrounding area within a 500-foot radius of such building in a manner that clearly establishes compliance with the minimum proximity standards for adult businesses set forth in this chapter.

2. A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

3. A blueline print showing all four elevations of any proposed structures and signing, and listing proposed exterior building materials. Elevations shall be colored or a materials board shall be submitted. In the case of existing buildings where a change of use is proposed and no structural changes or exterior modifications are proposed, photographs may be accepted in lieu of elevation drawings if they show a front and rear elevation of the structure.

4. A diagram of the off-street parking areas and premises entries of the adult business showing the location of the lighting system required by this chapter. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-027 § 4 (900)].

4.12.100 Adult entertainer permit required.

A. Every person who intends to perform as an adult entertainer shall file an application with the police chief upon a form provided by the city. The applicant shall attach a copy of the receipt indicating the requisite fees were paid to the finance division. The fees shall not be refunded.

B. The applicant shall provide the following information with the application:

1. Name, current resident address, and telephone number.

2. Date of birth.

3. Social Security number.

4. Height, weight, color of hair and eyes.

5. Driver’s license number.

6. Stage name (if applicable) and other aliases used within the previous two years.

7. Two recent photographs, passport-quality.

8. Fingerprints for purposes of identification at the discretion of the police chief.

9. Complete employment history for the past 10 years.

10. Disclosure of whether, within five years immediately preceding the date of the filing of the application, the applicant has been convicted, pleaded guilty or pleaded nolo contendere of a misdemeanor or felony which is classified by the state as an offense involving sexual crimes against children, sexual abuse, rape, kidnapping, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to, the violation of any crime requiring the registration under California Penal Code Section 290, or any violation of California Penal Code Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 316, or 647, or the equivalent of the aforesaid offenses outside the state of California, and the date and places of such convictions.

11. Name and location of business at which the applicant will perform or appear. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-027 § 4 (1000)].

4.12.110 Applications.

A. The city manager shall be responsible for the granting, denying, revoking, renewing, suspending, and canceling of adult business permits for proposed or existing businesses. The city manager shall also be responsible for ascertaining whether a proposed adult business for which a permit is being considered complies with all applicable zoning laws and/or regulations. The police chief shall be responsible for the granting, denying, revoking, renewing, suspending, and canceling of adult entertainer permits. In connection with these reviews, if the city manager or police chief determine that the applicant has completed the application improperly, or otherwise deems the application to be incomplete, the city manager/police chief shall, within 10 business days of receipt of the original application, notify the applicant of such fact and on the request of the applicant, grant the applicant an extension of time of 10 business days or less to complete the application properly. The applicant may also request that the application be tolled so the application can be resubmitted at a later date without being denied. The time period for granting or denying a permit shall be stayed during the period in which applicant is granted an extension of time or the application is tolled.

B. By applying for a permit under this chapter, the applicant shall be deemed to have consented to the provisions of this chapter and to the exercise of their authority by the city manager, police chief and all other city employees and agencies charged with enforcing the laws, ordinances, and codes applicable in the city of their respective responsibilities.

C. The applicant shall provide a notice address, which shall be the address to which notice of action on the application is to be mailed. The applicant shall also provide the name, address and phone number of the person who is responsible for providing access to the proposed site for inspection purposes.

D. The applicant for a permit under this chapter or a permittee shall have a continuing duty to promptly supplement any information required by this chapter in the event said information changes in any way from what was stated in previous submittals. The failure to comply within 20 business days from the date of such changes, by supplementing the application of file with the city manager and/or police chief, shall be grounds for suspension of a permit.

E. The city deems confidential all information about employees of adult businesses, adult entertainers, and independent contractors required by this chapter and submitted to the city in conjunction with an application or permit. Absent an order from a court of competent jurisdiction, the city shall not disclose for public review this information, except as required by the California Public Records Act. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-027 § 4 (1100)].

4.12.120 Investigation and action on application.

A. Upon receipt of a completed application required by this chapter and payment of the requisite application and permit fees, the city manager, or police chief in the case of adult entertainer permit applications, shall immediately stamp the date on which the application was received and promptly investigate the information contained in the application to determine whether the applicant shall be issued a permit.

B. Upon receipt of an application, the city manager shall immediately send photocopies of the application to the police chief, Orange County fire authority, and any other city or county agencies responsible for enforcement of health, fire and building codes and laws. Each such department or agency shall promptly conduct an investigation of the application and proposed adult business in accordance with its responsibilities under law and as set forth in this chapter. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application whether the adult business will be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the city, state reasons for approval or denial of the permit as appropriate, sign it, and immediately return the photocopy to the city manager.

C. Within 20 business days of receipt of the completed application, the city manager, or police chief in the case of adult entertainer permit applications, shall complete the investigation, grant or deny the application in accordance with the provisions of this section, and so notify the applicant as follows:

1. The city manager, or police chief in the case of adult entertainer permit applications, shall write or stamp “Granted” or “Denied” on the application and date and sign such notation.

2. The city manager, or police chief in the case of adult entertainer permit applications, shall grant the application and issue the permit, unless the application is denied for one or more of the reasons set forth in AVMC 4.12.130.

3. If the application is granted, the city manager, or police chief in the case of adult entertainer permit applications, shall attach the requested permit to the application.

4. If the application is denied, the city manager, or police chief in the case of adult entertainer permit applications, shall attach to the application a statement of the reasons for denial.

5. A copy of the application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the notice address that was stated in the application.

6. The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, and the expiration date. The permits shall also indicate that the permit is subject to prohibitions against public nudity and indecency pursuant to the United States Supreme Court decision in Barnes v. Glen Theater, Inc. (1991) 501 U.S. 560 and any applicable local, state or federal law.

7. Upon written request of the applicant, an extension of time of no more than 20 business days may be added to the above time period for the city manager or police chief in the case of adult entertainer permit applications, to act on an application.

D. The police chief shall provide each adult entertainer that is issued a permit pursuant to this chapter, an identification card containing the name, address, photograph and permit number of such entertainer. An adult entertainer shall have such card available for inspection at all times during which such person is on the premises of the adult business.

E. If the city manager, or police chief in the case of adult entertainer permit applications, neither grants nor denies the completed application within 20 business days after it is stamped as received, the applicant may begin operating the adult business or perform as an adult entertainer for which the permit was sought, subject to strict compliance with the requirements of this chapter.

F. Any decision by the city manager and/or police chief to issue or deny an application under this chapter may be appealed in accordance with AVMC 4.12.180. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-027 § 4 (1200)].

4.12.130 Permit denial.

A. The city manager, or police chief in the case of adult entertainer permit applications, shall deny an application for any of the following applicable reasons:

1. The building, structure, equipment and/or location to be used by the business for which the permit is required, does not, or cannot, be corrected to comply with the applicable zoning, land use, development, health, fire, and safety laws of the city and state of California.

2. The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit required by this chapter or in any report or record required to be filed in connection with the application.

3. The applicant is under 18 years of age.

4. The required permit application fee has not been paid.

5. The applicant failed to submit a complete application after being notified by the city manager, or police chief in the case of adult entertainer permit applications, that the application was incomplete.

6. The applicant or the applicant’s adult business is in violation of, or is not in compliance with, any provisions of this chapter related to establishment and maintenance of an adult business.

7. Within five years immediately preceding the date of the filing of the application for permit under this chapter, the applicant, manager, partner, agent, director, officer, stockholder, or employee has been convicted of a misdemeanor or felony which is classified by the state as an offense involving sexual crimes against children, sexual abuse, rape, kidnapping, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to, the violation of any crime requiring the registration under California Penal Code Section 290, or any violation of California Penal Code Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 316, or 647, or the equivalent of the aforesaid offenses outside the state of California. The fact that a conviction is being appealed will have no effect on disqualification of the applicant.

8. The applicant, manager, partner, agent, director, officer, stockholder, or employee has been convicted in a court of competent jurisdiction of any crime in conjunction with or as a result of the operation of an adult business prior to the filing of the application. The fact that a conviction is being appealed will have no effect on disqualification of application.

9. The applicant, manager, partner, agent, director, officer, or stockholder has had any type of adult business permit suspended or revoked by any city, county or state within two years immediately preceding the date of application, because of failure to comply with regulations, standards or conditions of the regulatory agency.

10. The granting of the permit would violate a statute, ordinance, or court order.

B. If the application is denied and all appeal rights have been exhausted, the applicant shall be ineligible to apply for any adult business permit in the city of Aliso Viejo for a minimum of two years from the date the application was denied. If, subsequent to denial, the city manager, or police chief in the case of adult entertainer permit applications, finds the basis for denial of the permit has been corrected, the applicant shall be granted a permit if at least 90 days have elapsed since the date the denial became final.

C. After any final denial of a permit under this chapter, the applicant may seek prompt judicial review of such decision in a court of competent jurisdiction as provided by law, pursuant to California Code of Civil Procedure Section 1094.5 et seq., and pursuant to the expedited judicial review set forth in California Code of Civil Procedure Section 1094.8. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-027 § 4 (1300)].

4.12.140 Permit renewals.

Adult business and adult entertainment permits issued pursuant to this chapter shall be valid for 12 months from the date of issuance, unless earlier revoked or suspended. Such permits must be renewed on an annual basis by submitting an application for renewal of permit together with the requisite fee established by resolution of the city council at least 20 business days prior to the expiration of the existing permit. The new application shall include all the same information as would be required for a new application by this chapter. Such renewals shall be acted on as provided for new applications and shall be contingent upon satisfactory compliance with all the provisions of this chapter. When a renewal application is made less than 20 business days before the expiration date of a permit, the expiration of the permit shall not be stayed. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-027 § 4 (1400)].

4.12.150 Transfer of adult business permits.

A. A permittee shall not operate an adult business under the authority of an adult business permit at any place other than the address of the adult business stated in the application for which the permit was granted.

B. A permittee shall not transfer ownership or control of an adult business or transfer an adult business permit to another person unless and until the transferee obtains an amendment to the permit from the city manager stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the city manager in accordance with AVMC 4.12.100 and 4.12.110, accompanies the application with a copy of a receipt indicating the requisite fees were paid to the finance department of the city, and the city manager determines in accordance with AVMC 4.12.120 and 4.12.130 that the transferee would be entitled to the issuance of an original permit.

C. No permit may be transferred when the city manager has notified the permittee that the permit has been or may be suspended or revoked.

D. Adult entertainer permits shall be nontransferable.

E. Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be deemed immediately revoked. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-027 § 4 (1500)].

4.12.160 Registration of new employees.

A. As a further condition of approval of every adult business permit issued pursuant to this chapter, every owner or operator shall register every new employee, officer, director, partner, independent contractor and any other person who works or will work at the adult business with the police chief within five business days of the commencement of such person’s period of employment at the adult business. For each person registered, the permittee shall submit to the police chief a copy of a receipt indicating the requisite fees were paid to the finance division of the city.

B. As part of the registration process, the following information about each new employee, officer, director, partner, independent contractor and any other person who works or will work at the adult business shall be provided to the police chief on a form provided by the police department:

1. Name, current resident address, and telephone number.

2. Date of birth.

3. Social Security number or any state or federally issued tax identification number.

4. Height, weight, color of eyes and hair.

5. Driver’s license number.

6. Stage name (if applicable) and other aliases used within the previous two years.

7. Two recent photographs, passport-quality.

8. Fingerprints for purposes of identification at the discretion of the police chief.

9. Complete employment history for the past 10 years.

C. Each owner or operator of an adult business shall maintain a current register of the names of all employees currently employed by the adult business, and shall disclose such registration for inspection by any police officer for purposes of determining compliance with the requirements of this section.

D. Failure to register each new employee within five days of the commencement of employment or to maintain a current register of the names of all employees shall be deemed a violation of the conditions of the permit and may be considered grounds for suspension or revocation of the permit. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-027 § 4 (1600)].

4.12.170 Suspension or revocation of permits.

A. A permittee may be subject to suspension or revocation of his/her/its permit, or be subject to other appropriate remedial action, including the imposition of additional conditions, for any of the following causes arising from the acts or omissions of the permittee, or an employee, agent, partner, director, stockholder, operator, or manager of an adult business:

1. The permittee, employee, agent, partner, director, stockholder, operator, or manager has knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the city.

2. The permittee, employee, agent, partner, director, stockholder, operator, or manager failed to disclose the conviction of an act for which denial of a permit would have been required pursuant to this chapter.

3. The permittee, employee, agent, partner, director, stockholder, operator, or manager refused to allow an inspection of the premises of the adult business as authorized by this chapter.

4. The permittee, employee, agent, partner, director, stockholder, operator, or manager operated the adult business in violation of the hours of operation as set forth in this chapter.

5. The permittee, employee, agent, partner, director, stockholder, operator, or manager operated the adult business in violation of a federal, state, or local building, fire, health, or zoning statute, code, ordinance or regulation, applicable in the city of Aliso Viejo, based on the investigation by the city or other agency responsible for the enforcement of said rules or laws.

6. The permittee, employee, agent, partner, director, stockholder, operator, or manager of an adult business has knowingly participated, allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult business:

a. Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation.

b. Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur.

c. Any conduct constituting a criminal offense, which requires registration under California Penal Code Section 290.

d. The occurrence of acts of lewdness, assignation, or prostitution including any conduct constituting violations of California Penal Code Section 315, 316, 318 or 647(b).

e. Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to California Penal Code Sections 311 through 313.4.

f. Any other conduct prohibited by this chapter or any code or law effective in the city of Aliso Viejo.

g. Gambling by any persons on the premises.

h. The possession, use or sale of controlled substances on the premises.

7. The permittee, employee, agent, partner, director, stockholder, operator, or manager failed to abide by any action previously imposed by an appropriate officer of the city or other agency responsible for the enforcement of this chapter and other county and state codes and laws.

B. On determining that grounds for permit revocation exist, the city manager, or police chief in the case of adult entertainer permits, shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing by the city manager, or police chief in the case of adult entertainer permits, and the ground or grounds upon which the hearing is based, the pertinent code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally, at least 10 business days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the city, but at a minimum shall include the following:

1. All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; and may be represented by counsel.

2. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.

3. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness.

C. After holding the hearing in accordance with the provisions of this section, if the city manager, or police chief in the case of adult entertainer permits, finds and determines that there are grounds for action, the city manager or police chief shall impose one of the following:

1. A warning.

2. Suspension of the permit for a specified period not to exceed six months.

3. Revocation of the permit.

D. The city manager’s or police chief’s decision may be appealed in accordance with AVMC 4.12.180.

E. If any decision of the city manager or police chief to revoke a permit is upheld after the permittee has exhausted his/her appeal rights, the permittee shall cease conducting business in the city of Aliso Viejo. A revoked permit shall not be renewed and no other permit shall be issued to the same permittee or his successors in interest within one year of the date revocation became effective. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-027 § 4 (1700)].

4.12.180 Appeal of denial, suspension or revocation.

A. After denial of an application for an adult business permit, or after denial of renewal of a permit, or suspension or revocation of a permit, the applicant or permittee may appeal such administrative action in accordance with the provisions of this section.

B. The appeal of an administrative action shall be submitted to and received by the city clerk within 10 days of the date of such action for which the appeal is made. The appeal must be in writing on forms provided by the city together with an appeal fee established by resolution of the city council, which may be amended from time to time. All appeals shall set forth the appellant’s reason for asserting the action was in error, or in violation of this code, or other applicable law. Any action appealed shall be suspended until action has been taken on the appeal.

C. When a timely appeal is filed, the city manager shall appoint a hearing officer or body to conduct a hearing on the matter. The hearing officer may be such person or body designated by the city manager to perform all or a portion of his or her duties, or may be another official or body from another city or agency, or other person qualified to conduct a review of the matter. The hearing for an appeal of a denial or denial of a renewal of a permit shall take place within 10 business days of the receipt of the appeal; the hearing for an appeal for suspension or revocation of a permit shall take place within 20 business days of the date of the receipt of the appeal. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; and may be represented by counsel. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness.

D. The hearing officer or body shall render a written decision on the matter within five days of the close of the hearing on the appeal.

E. All decisions made by the appointed hearing officer regarding the denial, denial of renewal, suspension or revocation of a permit shall be final. If the denial, denial of renewal, suspension or revocation of a permit is affirmed on review by the appointed hearing officer, the applicant or permittee may seek prompt judicial review of such administrative action in a court of competent jurisdiction as provided by law, pursuant to California Code of Civil Procedure Section 1094.5 et seq. The city shall make all reasonable efforts to expedite judicial review in accordance with Code of Civil Procedure Section 1094.8. Any action under judicial review shall be suspended pending final administrative determination. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-027 § 4 (1800)].

Cross-reference: appeal procedures generally, Chapter 1.10 AVMC.

4.12.190 Adult business development and performance standards.

All adult businesses shall comply with the following requirements, and the following applicable requirements of this section shall be deemed conditions of all adult business permit approvals. Failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to this chapter.

A. The establishment of an adult business shall comply with all applicable city site development standards of the district or area in which the adult business is located, the building and construction codes, maximum occupancy loads, fire codes, and health and safety regulations in effect in the city. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the fire and building regulations and standards adopted by the city of Aliso Viejo.

B. An adult business shall comply with the applicable city permit and inspection procedures.

C. Each adult business shall have a business entrance separate from any other non-adult business located in the same building.

D. No adult business shall be operated in any manner that permits the observation of any material or activities depicting, describing or relating to specified sexual activities or specified anatomical areas or instruments, devices or paraphernalia designed for use in connection with specified sexual activities from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening.

E. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and all building openings, entries, and windows shall be located, covered, or screened to prevent viewing of the interior from any exterior area.

F. All exterior areas of any adult business, including building, landscaping, and parking areas, shall be maintained in a clean and orderly manner free of trash, weeds and debris.

G. All building entrances to an adult business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. Said notice shall consist of letters no less than one inch in height and shall be constructed and posted to the satisfaction of the director of community development. No person under the age of 18 years shall be permitted within the premises at any time. It shall be unlawful for any employer, owner, operator, employee, manager or permittee of an adult business to allow any person below the age of 18 years upon the premises or within the confines of any adult business if no alcoholic beverages are served, or under the age of 21 if alcoholic beverages are served.

H. A parking plan providing for adequate contiguous on-site parking for the intended use shall be submitted to the planning department for review and approval.

I. All off-street parking areas and building entries of the adult business shall be illuminated from dusk to closing hours of operation with a lighting system that provides an average maintained horizontal illumination of not less than one foot-candle of light and a minimum horizontal illumination of not less than one foot-candle of light on all parking surfaces and walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adult business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. A lighting plan prepared by a licensed lighting engineer shall be submitted to the planning department for review and approval.

J. The parking areas and entrances/exits for patrons shall be visible from the public right-of-way. This view shall be not be obstructed by landscaping or any fence, wall or other barrier.

K. No exterior sign shall be placed, constructed, erected, altered, repaired, improved, converted or painted, except in compliance with the city’s sign ordinance. It shall be the responsibility of the permittee to take down, remove, or alter signs on the premises so as to comply with this section.

L. The premises within which the adult business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or right-of-way, or within any other building or other separate unit within the same building. No loudspeaker or sound equipment audible to persons in any public exterior area shall be used in connection with an adult business, and the business shall be so conducted that sounds associated with the business are not emitted to any public exterior area.

M. An adult business shall be open or operating for business only between the hours of 10:00 a.m. and 12:01 a.m. on any particular day. It shall be unlawful and a violation of this chapter to cause an adult business to be operated or to allow such business to remain open for business, or permit any employee and/or independent contractor to engage in a performance, solicit a performance, make a sale or solicit a sale, provide a service, or solicit a service, between the hours of 12:01 a.m. and 10:00 a.m. of any particular day.

N. An adult business shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for an adult business in a conspicuous place so that the permit may be readily seen by all persons entering the adult business.

O. No employee, contractor, or other person who works at the adult business shall have physical contact with any patron and no patron shall have physical contact with any employee, contractor, or person who works at the adult business. This subsection shall only apply to physical contact on the premises of the adult business.

P. No owner or other person with managerial control over an adult business shall permit any employee, independent contractor, or any other person on the premises of the adult business to engage in the exposure of the human male or female genitals, pubic area or buttocks with less than a fully opaque coverage, the female breast with less than a fully opaque coverage over any part of the nipple or areola, and/or the covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering, simulating the appearance of the specified anatomical part required to be covered.

Q. No adult business may conduct any massage, acupuncture, body wrapping, tattooing, acupressure or escort services on the premises.

R. Every adult business shall have a manager on duty on the premises during all times the business is open to the public. At least one manager’s station shall be provided within the adult business for the purpose of monitoring and supervising activities within the business. All indoor areas of the adult business within which patrons are permitted, or within which viewing is permitted by patrons or the public, except restrooms, shall be open to view by the manager at all times. The view area shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. No patron shall be permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted. If the premises have two or more manager’s stations designated, then the interior of the premises shall be configured in such manner that there is unobstructed view of each area of the premises from at least one of the manager’s stations.

S. A diagram of the premises shall be provided to the city manager specifying the location of one or more manager stations and designating any portion of the premises in which patrons will not be permitted. No alteration in the configuration or locating of a manager’s station shall be made without the prior written approval of the city manager.

T. The adult business shall provide and maintain separate restroom facilities for male patrons, male employees, and female patrons and female employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. Patrons shall be prohibited from using restrooms designated for employees. The restrooms shall be free from any adult material. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this subsection shall not apply to an adult business which deals exclusively with sale or rental of adult material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its patrons or the general public.

U. An on-site security program shall be prepared, implemented and maintained including the following items:

1. An interior lighting plan to provide illumination of all areas of the adult business as provided below. The lighting shall be designed and operated to provide the minimum maintained foot-candle levels listed below for specific uses/areas, evenly distributed at ground level:


Area	Foot-Candles
Bookstores and other retail establishments	20
Theaters and cabarets	5 (except during performances, at which times lighting shall be at least 1.25 foot-candles)
Arcades	10
Motels/Hotels	20 (in public areas)
Modeling studios	20

2. A video camera surveillance system shall be installed, utilized and maintained in good working order in the adult business to record both the interior building and parking lot area. Such system shall provide continuous video coverage and recordation during all business hours. The police chief shall approve the location of the surveillance camera. Restrooms may not contain video reproduction equipment.

3. Security guards shall be employed to maintain the public peace and safety, based upon the following standards:

a. Adult businesses such as adult motion picture theaters, adult video stores, nude modeling studios, sexual encounter establishments, adult theaters and adult cabarets, or any adult business which features entertainment (live or motion picture viewed from booths) whose dominant or predominant character and theme is the depiction of specified sexual activities or specified anatomical areas for observation by patrons, shall provide at least one guard for every 50 occupants permitted by the city’s building code, at all times while the business is open, and in no case shall there be less than two guards. One guard shall be stationed outside during all business hours. For businesses where the maximum building fire capacity is 50 or less, video monitoring of the parking lot may be approved by the police chief, subject to the submission and approval of a video security monitoring plan.

b. Security guards for other adult businesses may be required if it is determined by the police chief that their presence is necessary in order to prevent any of the conduct listed in AVMC 4.12.170(A)(6).

c. Security guards shall be charged with preventing violations of laws and enforcing compliance by patrons of the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed by the state as security guards. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admittance person or sole occupant of the manager’s station while acting as a security guard.

4. An annual review for adequacy of security will be conducted by the police chief to ascertain if there has been an increase in calls for emergency services.

V. No owner or other person with managerial control over an adult business shall permit any employee, independent contractor, or any other person on the premises of the adult business to engage in a live showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque coverage, and/or the female breast with less than a fully opaque coverage over any part of the areola.

W. In addition to the above development and performance standards, the following development and performance standards shall apply to any adult business, other than adult motel or hotel, with a private viewing area, room or booth of less than 150 square feet of floor area, which exhibits on the premises or features for observation by patrons, motion pictures, film, video, slides or other visual reproduction that depicts specified sexual activities or specified anatomical areas. This subsection does not apply to an auditorium or seating area of an adult theater.

1. No private viewing area, room or booth may be occupied by more than one person at any one time.

2. All viewing areas, rooms and booths shall be open to view from the manager’s station on at least one side. The view from the manager’s station shall remain unobstructed by any doors, walls, furniture or fixtures, merchandise, display racks, or other material at all times.

3. The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any two such rooms such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two such booths or rooms.

4. Customers, patrons or visitors shall not be allowed to stand idly by in the vicinity of any such video booths, or from remaining in the common area of such business, other than the restrooms, who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places, in and near the video booths.

5. The floors, seats, walls and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booths shall be evidence of improper maintenance and inadequate sanitary controls; repeated instances of such conditions may justify suspension or revocation of the owner and operator’s permit to conduct the adult business.

X. If an adult business contains an auditorium or theater hall, the auditorium or hall shall comply with each of the following additional provisions:

1. The auditorium or hall shall have individual, separate seats (not couches, benches or the like) to accommodate the maximum number of persons who are permitted to occupy (maximum occupancy) the auditorium or hall;

2. The area shall have a continuous main aisle along the seating area(s) in order that each person seated in the auditorium or hall shall be visible from the aisle at all times; and

3. A sign shall be posted in a conspicuous place at or near each entrance to the auditorium or hall area which lists the maximum occupancy of the auditorium or hall, the occupancy of which shall not exceed the number of seats within the auditorium or hall.

Y. Adult businesses providing live entertainment involving, depicting, describing or relating to specified anatomical areas and/or involving specified sexual activities shall also comply with the following additional standards and provisions:

1. No person shall perform live entertainment for patrons of an adult business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least 10 feet from the nearest area occupied by patrons and surrounded with a stationary rail, or at least six feet from the nearest area occupied by patrons and surrounded by a solid barrier, which rail or barrier must be at least 30 inches in height, establishing the separations between entertainers and patrons. No patron shall be permitted within the area of the stage established by the barrier (10 feet with a rail or six feet with a solid barrier) while the stage is occupied by an entertainer.

2. The adult business shall provide separate dressing room facilities for entertainers that are exclusively dedicated to the adult entertainers’ use. No patron is permitted access to the dressing room facilities. The dressing room facilities shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment.

3. The adult business shall provide access for adult entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult business shall provide a minimum three-foot-wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.

4. The adult business shall provide an entrance/exit for adult entertainers, which is separate from the entrance/exit used by patrons.

5. While on the premises, no adult entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer. Patrons shall not, and shall not be allowed to, directly touch, fondle or caress (as those terms are defined in Kev, Inc. v. Kitsap County (9th Cir., 1986) 793 F.2d 1053) the entertainers while they are performing. Patrons shall be advised of the separation and no touching requirements by signs placed on the barrier between entertainers and patrons, and if necessary by employees of the establishment. This prohibition does not extend to incidental touching.

6. No patron shall directly pay or give any gratuity to any adult entertainer and no adult entertainer shall solicit or accept any pay or gratuity from any patron. Patrons shall not throw payment or tips to entertainers, hand tips directly to entertainers, or place tips in the entertainers’ costumes. If patrons wish to pay or tip entertainers, payment or tips shall be placed in receptacles which shall be located at least 10 feet (or six feet, where a solid barrier has been installed) from the stage.

7. No owner or other person with managerial control over an adult business shall permit any person on the premises of the adult business to engage in the exposure of the human male or female genitals, pubic area or buttocks with less than a fully opaque coverage, and/or the female breast with less than a fully opaque coverage over any part of the areola. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-027 § 4 (1900)].

Cross-references: noise control, Chapter 8.12 AVMC; buildings and construction, AVMC Title 13; zoning code, AVMC Title 15.

4.12.200 Register of adult entertainers.

Every permittee of an adult business which has adult entertainers or provides live entertainment depicting specified anatomical areas or involving specified sexual activities must maintain a register of all persons so performing on the premises and copies of the adult entertainment permits required by this chapter. Such register shall be available for inspection during regular business hours by any representative of the police department or other city department. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-027 § 4 (2000)].

4.12.210 Display of permit.

Every adult business shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such adult business in a conspicuous place so that the same may be readily seen by all persons entering the adult business. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-027 § 4 (2100)].

4.12.220 Employment of and services rendered to persons under the age of 18 years prohibited.

A. It shall be unlawful for any permittee, operator, or other person in charge of any adult business to employ or provide any service for which it requires such permit to any person who is not at least 18 years of age.

B. It shall be unlawful for any permittee, operator or other person in charge of any adult business to permit to enter, or remain within the adult business, any person who is not at least 18 years of age, or allow the purchase of goods at an adult business by a person who is not at least 18 years of age.

C. Signs shall be conspicuously posted on all entrances restricting entrance of minors.

D. The interior of the premises shall not be visible to a minor. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-027 § 4 (2200)].

4.12.230 Inspection.

An applicant or permittee shall permit representatives of the city police department, city planning department, the Orange County fire authority, or other city departments or county agencies to inspect the premises of an adult business for the purpose of ensuring compliance with the law and the development and performance standards applicable to adult businesses, at any time it is occupied or opened for business. A person who operates an adult business or his or her agent or employee is in violation of the provisions of this section if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business. Such inspections shall be conducted in a reasonable manner. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-027 § 4 (2300)].

4.12.240 Regulations nonexclusive.

The provisions of this chapter regulating adult businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the city council of the city of Aliso Viejo. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-027 § 4 (2400)].

4.12.250 Fees.

The city council shall establish by resolution, and from time to time may amend, the fees for administration of this chapter. If additional fees are required for further investigation of an applicant, the permit shall not be issued until the additional fees are paid to the finance department. Fees required by this chapter shall be in addition to any fees required by other city code or ordinance. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-027 § 4 (2500)].

4.12.260 Violations and penalties.

A. It shall be unlawful for any person to operate an adult business or perform as an adult entertainer at an adult business in the city of Aliso Viejo without a valid permit issued by the police chief pursuant to this chapter.

B. Violation of any of the provisions of subsection (A) of this section shall constitute a misdemeanor. Each person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued, or permitted by such person. Notwithstanding the foregoing, the city attorney may elect to prosecute violations of any provision of this chapter as an infraction.

C. Violation of any requirement of this chapter applicable to an adult business permit or adult entertainer permit pursuant to this chapter shall constitute grounds for revocation of such permit. A permittee shall be responsible for the conduct of all employees, independent contractors, or other persons who work at his/her/its adult business, and his/her/its permit may be subject to revocation for any violations of this chapter arising from the acts or omissions by any such employees, independent contractors, or other persons who work at the adult business. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-027 § 4 (2600)].

Cross-reference: violations and penalties generally, Chapter 1.06 AVMC.

Cross-reference: massage regulations, Chapter 4.14 AVMC.

Code reviser’s note: The zoning code supersedes any previously approved planned community document (see AVMC 15.02.020(F)).