Chapter 5.19 ADULT ORIENTED BUSINESSES

The purpose and intent of this chapter is to regulate Adult Businesses which, unless closely regulated, tend to have serious secondary effects on the community, which effects include, but are not limited to, the following: depreciation of property values and increase in vacancies in residential and commercial areas in the vicinity of Adult Businesses; interference with residential property owners’ enjoyment of their property when such property is located in the vicinity of Adult Businesses as a result of increases in crime, litter, noise and vandalism; higher crime rates in the vicinity of Adult Businesses; and blighting conditions such as low-level maintenance of commercial premises and parking lots, which thereby have a deleterious effect upon adjacent areas. Special regulation of these businesses is necessary to prevent these adverse effects and the blighting or degradation of the neighborhoods in the vicinity of the Adult Businesses.

It is neither the intent nor the effect of this chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of this chapter to restrict or deny access by adults to communication materials or to deny access by the distributors or exhibitors of Adult Businesses to their intended market.

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. (Added, Ord. 97-25, eff. December 10, 1997)

5.19.02 Application of Regulations.

Before any building or structure for an Adult Business is erected, or any Adult Business is established: (a) An Adult Business Permit shall have been applied for and obtained pursuant to the provisions of this chapter; (b) all conditions set forth in this chapter which are required to be complied with before commencement of business shall be satisfied; and (c) all other applicable regulations to the proposed site for the Adult Business shall be satisfied.

The regulations set forth in this chapter are intended to be in addition to any other regulations currently applicable to the proposed Adult Business, and unless otherwise specifically provided, shall not be deemed to repeal or amend any other provisions of the Clovis Municipal Code or City Zoning Ordinances which are applicable to the Adult Business, nor be deemed to excuse noncompliance with any such other provisions. If there is a conflict between this chapter and any other regulations so that both the regulation and the provisions of this chapter cannot be complied with, the provisions of this chapter shall control. (Added Ord. 97-25, eff. December 10, 1997)

5.19.03 Site Plan Review.

The provisions of Chapter 9.56 pertaining to Site Plan Review shall apply as follows:

(a) Before any building or structure for an Adult Business is erected, or any Adult Business is established, an application shall be made which contains the information set forth in Section 9.56.030(A)(2).

(b) The Director shall review the application within the time period specified in this chapter for review of an application for an Adult Business Permit.

(1) The Applicant has complied with the provisions of Division 2 of Title 9; and

(2) The overall project has been designed in accordance with the standards established by the City for the zoning district and site of the Adult Business, including those which may relate to the size and configuration of any structure, setback requirements, and landscaping for the site.

(d) The Applicant may appeal the Director’s decision to approve or deny the site plan application to the Planning Commission pursuant to the timelines set forth in Section 9.90.040, or, at the Applicant’s option, the Applicant may seek judicial review in accordance with subsection (g) of this section. Only the Applicant may file an appeal to the Planning Commission.

(e) The Applicant may appeal the Planning Commission’s decision to approve or deny the site plan application to the City Council pursuant to the timelines set forth in Section 9.90.040, or, at the Applicant’s option, the Applicant may seek judicial review in accordance with subsection (g) of this section. Only the Applicant may file an appeal to the City Council.

(f) If the Applicant does not elect to file an appeal to the Planning Commission, the Director’s decision shall be final and conclusive. If the Applicant elects to file an appeal to the Planning Commission and does not elect to file an appeal to the City Council, the Planning Commission’s decision shall be final and conclusive. If the Applicant elects to file an appeal to the City Council, the City Council’s decision shall be final and conclusive.

(g) The Applicant may seek judicial review of the Director’s decision within ninety (90) days in accordance with Code of Civil Procedure Section 1094.6. If an appeal to the Planning Commission is filed, the Applicant may seek judicial review of the Planning Commission’s decision within ninety (90) days in accordance with Code of Civil Procedure Section 1094.6. If an appeal to the City Council is filed, the Applicant may seek judicial review of the City Council’s decision within ninety (90) days in accordance with Code of Civil Procedure Section 1094.6. The Applicant shall not be required to exhaust its administrative remedies by filing an appeal to the Planning Commission and City Council before seeking judicial review. (Added, Ord. 97-25, eff. December 10, 1997, as amended by § 1, Ord. 99-1, eff. February 18, 1999)

5.19.04 Definitions.

The following words and phrases shall, for the purposes of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended.

(a) Adult Arcade. An establishment where, for any form of consideration:

(1) One or more still or motion picture projectors, slide projectors or similar machines, for viewing by five (5) or fewer persons each, are used to show 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; or

(2) Live performers are provided for viewing by five (5) or fewer persons which are Distinguished or Characterized by an Emphasis Upon the depiction or description of Specified Sexual Activities or Specified Anatomical Areas; or

(3) Live performers are provided for the purposes of sexual stimulation by any one-on-one activity between the performer and a patron.

(b) Adult Bookstore or Adult Video Store. An establishment which has as a Regular and Substantial Portion of its stock-in-trade business, or advertising for the sale, rental or viewing 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, video cassettes, slides, tapes, records, compact discs, or other forms of visual or audio representations which are Distinguished or Characterized by an Emphasis Upon the depiction or description of Specified Sexual Activities or Specified Anatomical Areas. (See also, the definition of Adult Material.)

(2) Instruments, artificial devices or paraphernalia which are designed for use in connection with Specified Sexual Activities. (See also, the definition of Adult Material.)

(c) Adult Business. An Adult Book Store, Adult Video Store, Adult Theater, Adult Motion Picture Theater, Adult Cabaret, Adult Motel/Hotel, Adult Arcade, or any other business or concern which Regularly Features or as a Regular and Substantial Portion of its business offers to its patrons products, merchandise, services or entertainment which are Distinguished or Characterized by an Emphasis Upon matter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Areas but not including those uses or activities, the regulation of which is preempted by state law. Adult Business shall also include Modeling Studio, Body Painting Studio and Sexual Encounter Establishment

(d) Adult Cabaret. A nightclub, restaurant or similar business establishment which: (1) Regularly Features live performances which are Distinguished or Characterized by an Emphasis Upon the display of Specified Anatomical Areas or Specified Sexual Activities; and/or (2) which Regularly Features persons who appear nude or seminude; and/or (3) Regularly Features 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.

(e) Adult Material. The materials described in the definition of Adult Bookstore or Adult Video Store.

(f) Adult Motel or Hotel. A motel, hotel or similar business establishment offering public accommodations for any form of consideration which: (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 or description of Specified Sexual Activities or Specified Anatomical Areas; and (2) rents, leases, or lets any room for less than a six (6) hour period, or rents, leases or lets any single room more than twice in a twenty-four (24) hour period.

(g) Adult Motion Picture Theater. A business establishment where, for any form of consideration, Regularly Features 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.

(h) Adult Theater. 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 Upon the depiction or description of Specified Anatomical Areas or by Specified Sexual Activities.

(i) Applicant. A person who is required to file an application for a Permit under this Chapter. (See, Section 5.19.08.)

(j) Body Painting Studio. Shall mean an establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is nude or semi-nude.

(k) Business Days. Shall mean Monday through Friday, excluding legal holidays recognized by the City.

(l) City. Shall mean the City of Clovis.

(m) Conviction. Shall mean a finding of guilty by a jury or court, or a plea of guilty or nolo contendere.

(n) Department. Shall mean the Department of Planning and Development Services of the City of Clovis.

(o) Director. Shall mean the Director of the Department of Planning and Development Services of the City of Clovis or his/her designee.

(p) Distinguished or Characterized by an Emphasis Upon. Shall mean and refer to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films “which are Distinguished or Characterized by an Emphasis Upon” the depiction or description of Specified Sexual Activities or Specified Anatomical Areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. (See, for example, Pringle v. City of Covina (1981) 115 Cal.App.3d 151.)

(q) Employee. Every person who is engaged in the operation or conduct of any Adult Business whether as the Permittee, associate, agent, manager, employee, or representative and each and every other person employed to work at or for such a business. (See, also, the definition of Operator of an Adult Business.)

(r) Establishment of an Adult Business. Establish an Adult Business shall mean and include any of the following:

(1) The opening or commencement of an Adult Business as a new business;

(2) The conversion of an existing business, whether or not an Adult Business, to any of the Adult Businesses defined herein;

(3) The addition of any of the Adult Businesses defined herein to any other existing Adult Business;

(4) The Substantial Enlargement of an existing Adult Business; or

(5) The relocation of any such Adult Business.

s. Figure Model. Any person who, for any form of consideration, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed or otherwise depicted.

t. Gross Receipts. The total amount of revenue derived from activities conducted on or within the business premises.

u. Knowingly Allowed or Permitted. Shall mean knew or should have known as measured by an objectively reasonable person.

v. Modeling Studio. A business which provides, for any form of consideration, Figure Models who:

(1) Display Specified Anatomical Areas for the purposes of sexual stimulation of patrons; or

(2) Engage in Specified Sexual Activities for purposes of sexual stimulation of patrons; or

(3) Dress in lingerie, swimwear or otherwise display their bodies, for purposes of sexual stimulation of patrons; and in which the Figure Models are to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. Modeling Studio does not include schools maintained pursuant to standards set by the State Board of Education. 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.

w. Nude, Nudity or a State of Nudity. 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 male genitals in a discernible turgid state.

x. Operator of an Adult Business. The person who is responsible for the supervising, managing, inspecting, directing, organizing, controlling, or who is in any way responsible for or in charge of the conduct or activities, of an Adult Business or activities within an Adult Business.

y. Permittee. The person to whom an Adult Business Permit is issued.

z. Person. Any individual, partnership, copartnership, firm, association, joint stock company, corporation, or any other forms of business organization or group(s).

aa. Police Chief. The Police Chief of the City of Clovis or his/her designee.

bb. Regularly Features or Regular and Substantial Course of Conduct. A business or concern, including an Adult Theater, Adult Cabaret, and Adult Motion Picture Theater, which presents any type of entertainment Distinguished or Characterized by an Emphasis Upon Specified Sexual Activity or Specified Anatomical Areas, or performers, models or employees appearing in public nude, semi-nude, or dressed only in lingerie, on any two (2) or more separate days within a thirty (30) day period; three (3) or more separate days within a sixty (60) day period; or four (4) or more separate days within a 180-day period.

cc. Regular and Substantial Portion of its Business. Refers to a business or concern in which a regular and substantial portion of the business, as those terms are commonly used, is devoted to the sale, trade, rental, display or presentation of services, products, Adult Material, or entertainment which are Distinguished or Characterized by an Emphasis Upon matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas. It shall be presumed that a business or concern meets this standard where: (1) the area(s) devoted to the display of Adult Material exceeds twenty (20%) percent of the total display area of the business; or (2) twenty (20%) percent or more of the average annual gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, Adult Material, or entertainment which are Distinguished or Characterized by an Emphasis Upon matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas. If the business is a new business, the gross receipts shall be calculated by considering the Applicant’s estimated annual gross receipts for the first year of operation.

dd. Religious Institution. A structure which is used primarily for religious worship and related religious activities.

ee. School. Any day nursery or child care nursery subject to and operating under a conditional use permit, a private school subject to and operating under a conditional use permit, or a public elementary, junior high or high school. The words and terms used in this definition shall have the meanings as set forth in Division 2 of Title 9.

ff. Semi-nude, semi-nudity, or state of seminudity. 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.

gg. Sexual Encounter Establishment. Shall mean any business, other than a hotel, motel or similar establishment offering public accommodations which, for any form of consideration, provides a place where two (2) or more persons may congregate, associate or consort in connection with Specified Sexual Activities or the exposure of Specified Anatomical Areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State of California engages in sexual therapy.

hh. Specified Anatomical Areas. Shall mean and include any of the following:

(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola;

(2) Human male genitals in a discernible turgid state, even if completely and opaquely covered; or

(3) Any device, costume or covering that simulates any of the body parts included in subdivisions (1) or (2) above.

ii. Specified Criminal Acts. Shall mean acts which are sexual crimes against children, sexual abuse, rape, or crimes connected with another sexually oriented business including but not limited to the distribution of obscenity or material harmful to minors, prostitution or pandering. Specified Criminal Acts include any of the offenses set forth in Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.11 inclusive, 314, 315, 316, 317, 318 and 647, subdivisions (a), (b) and (d) of the California Penal Code as those sections now exist or may hereafter be amended or renumbered, and the equivalent of the aforesaid offenses outside the State of California. Specified Criminal Acts include any crime requiring registration under California Penal Code Section 290.

jj. Specified Sexual Activities. Shall mean and includes any of the following:

(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast;

(2) Sex acts, actual or simulated, including intercourse, oral copulation, sodomy or bestiality;

(3) Masturbation, actual or simulated;

(4) Pedophilia or any other unlawful sex act;

(5) Excretory functions as part of or in connection with any of the activities described in subdivisions (1) through (4) of this subsection; or

(6) Striptease, burlesque, or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models dressed only in lingerie, to the point where Specified Anatomical Areas are exposed, or to the point of a state of nudity or semi-nudity.

(kk) Substantial Enlargement. The increase in floor area occupied by the business, by either construction or use of an adjacent building or any portion thereof, whether located on the same or an adjacent lot or parcel of land, by more than ten (10%) percent.

(ll) Transfer of Ownership or Control of an Adult Business. Shall mean and include any of the following;

(1) The sale or sublease of the business; or

(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or

(3) The establishment of a trust, gift or other similar legal device which transfers ownership or control of the business, including the transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.

(mm) “Video or other viewing area” shall mean those areas in an adult arcade where customers, patrons, or visitors can view live performers, videos, motion pictures, slides, compact discs, computer generated images, or other photographic reproductions or visual representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (Ord. 97-25, eff. December 10, 1997; § 2, Ord 99-1, eff. February 18, 1999)

5.19.05 Required Permits and Licenses.

(a) 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 Clovis, the operation of an adult business unless the person first obtains and continues to maintain in full force and effect a permit from the City as herein required. (“Adult business permit” or “permit.”)

(b) It shall be unlawful for any person to be an operator of an adult business unless the person first obtains and continues to maintain in full force and effect a license from the City as herein required. (“Adult business operator license.”)

(c) It shall be unlawful for any person to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult business unless the person first obtains and continues in full force and effect a license from the City as herein required. (“Adult business performer license.”) (Ord. 97-25, effective December 10, 1997)

5.19.06 Limitations on Adult Business Permit.

(a) An adult business permit shall be valid only for the exact location specified in the permit and only for the exact adult business for which the application was made. Only one adult business may exist in any one building, premises, structure, or facility or on any one site or parcel. If an applicant proposes to operate another adult business on the same site or parcel or a different site or parcel, the applicant must apply for a different permit.

(b) Any change in the nature or composition of the adult business from one type of adult business use to another type of adult business use, and any operation of more than one adult business in any one building, premises, structure, or facility or on any one site or parcel, shall render the existing permit null and void. The operation of more than one adult business in any one building, premises, structure, or facility or on any one site or parcel shall also be considered a violation of the five-hundred-foot (500') separation requirement set forth in Section 5.19.07.

(c) A permit may not be transferred except in accordance with Section 5.19.14. (Ord. 97-25, eff. December 10, 1997; § 3, Ord. 99-1, eff. February 18, 1999)

5.19.07 Locational Requirements.

Adult businesses shall be allowed only in the areas of the City identified on the map attached hereto as Exhibit “A” and incorporated herein by reference. In addition, no adult business shall be located:

(1) Within five hundred feet (500') of any other adult business located either inside or outside of the City limits;

(2) Within one thousand feet (1,000') of any existing school, library, park or other recreational facility where minors congregate, located either inside or outside of the City limits. “Recreational facility” shall not include multi-purpose trails;

(3) Within one thousand feet (1,000') of any area planned for a park or other recreational facility where minors congregate, located either inside or outside of the City limits. “Recreational facility” shall not include multi-purpose trails;

(4) Within two hundred fifty feet (250') of any existing multi-purpose trail or of any area planned for a multi-purpose trail, located either inside or outside of the City limits; or

(5) Within two hundred fifty feet (250') of any land which carries a General Plan land use designation which contains the words “residence” or “residential” within its title, and from any existing religious institution, located either inside or outside of the City limits.

As used in this section, “existing” means existing or under construction at the time the permit application is submitted. “Planned for” means property designated on the General Plan of the City for such use, or other official planning documents of the City, or property owned or leased by the City for such use.

For purposes of determining the five-hundred-foot (500') separation requirement among adult businesses, if two (2) or more separate applications are pending for an adult business within five hundred feet (500') of each other, the application which is received and deemed complete first shall take precedence over any other application.

The distances set forth above shall be measured in a straight line, without regard to intervening structures, as a radius from the primary entrance of the adult business to the closest property line of the other use.

Adult businesses are prohibited from all areas of the City except as expressly permitted in this section. (Ord. 97-25, eff. December 10, 1997; § 4, Ord. 99-1, eff. February 18, 1999; § 1, Ord. 11-03, eff. July 6, 2011)

5.19.08 Permit Application.

(a) Every person who proposes to maintain, operate or conduct an adult business in the City of Clovis shall file a written, signed and verified application or renewal application on a form provided by the Department. The completed application shall be accompanied by a nonrefundable application fee in an amount set by resolution of the City Council. The application shall be sworn to be true and correct under penalty of perjury.

(b) All applications shall include the following information:

(1) If the applicant is an individual, the individual shall state his or her legal name, permanent and business address, phone number(s) and submit satisfactory written proof that he or she is at least eighteen (18) years of age.

(2) If the applicant is a partnership, the application shall state the partnership’s complete name, whether it is a general or limited partnership, and show the name, permanent and business address, and phone number(s) of each of the partners, except limited partners. A copy of the partnership agreement, if any, shall also be provided.

(3) If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation and the applicant shall show the name, permanent and business address, and phone number(s) of each of the officers and directors. The applicant shall also provide the date of incorporation, evidence that the corporation is in good standing under the laws of California, and the name of the registered corporate agent and the address of the registered office for service of process. A copy of the articles of incorporation and bylaws shall also be provided.

(4) The address to which notice of action on the application is to be mailed.

(5) 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.

(6) The applicant’s driver’s license number, Social Security number, and/or his/her State or Federally issued tax identification number.

(7) The location of the proposed adult business, including a legal description of the property, street address, and telephone number(s), if any, plus the names and addresses of the owners and lessors of the adult business site, if any.

(8) A floor plan showing where the specific entertainment uses are proposed to be conducted within the building. The floor plan shall include a sketch or diagram showing the configuration of the premises, including the size and location of the manager’s station, if applicable, the size and location of video or other viewing areas, if applicable, and a statement of total floor space occupied by the business. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required. However, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the Adult Business to an accuracy of plus or minus six (6") inches.

(9) A detailed description of the Adult Business for which the Permit is requested, including all information which classifies the business as an Adult Business.

(10) The manner of providing proposed entertainment, including type of entertainment and the number of persons engaged in the entertainment.

(11) A statement of the nature and character of Applicant’s business, if any, to be carried on in conjunction with such entertainment.

(12) Proposed hours and days of operation.

(13) A certificate and straight-line drawing prepared within thirty (30) days prior to the application depicting the building and the portion thereof to be occupied by the Adult Business, and: (a) the property line of any other Adult Business within 500 feet of the primary entrance of the Adult Business for which a Permit is requested; (b) the property line of any land which carries a General Plan land use designation which contains the words residence or residential within its title, and of any existing religious institution, within 250 feet of the primary entrance to the Adult Business for which a Permit is requested; and (c) the property line of any existing school, library, park or other recreational facility where minors congregate, or any planned for park or other recreational facility where minors congregate, within 1,000 feet of the primary entrance to the Adult Business for which a Permit is requested.

(14) A diagram of the off-street parking areas and premises entries of the Adult Business showing the location of the lighting system required by Section 5.19.27.

(15) The name or names of the person or persons having the management or supervision of Applicant’s business and of any entertainment, including those persons who will be the Operator of an Adult Business and who are required by Section 5.19.15 to obtain an Adult Business Operator License. (For ongoing reporting requirements, see Section 5.19.15.)

(16) The names of all employees, independent contractors, or other persons required by Section 5.19.15 to obtain an Adult Business Performer License. (For ongoing reporting requirements, see Section 5.19.15.)

(17) Whether the Applicant or any of the other individuals pursuant to this Section has had a previous permit under this ordinance or other similar ordinances from another city or county denied, suspended or revoked, including the name and location of the Adult Business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the Applicant or any other individuals listed pursuant to this section has been a partner in a partnership or an officer, director or principal stockholder of a corporation whose permit has previously been denied, suspended or revoked, including the name and location of the Adult Business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.

(18) Whether the Applicant or any other individual listed pursuant to this Section holds any other permits and/or licenses for an Adult Business from another city or county, and if so, the names and locations of such other permitted businesses.

(c) If a person who wishes to operate an Adult Business is an individual, he/she must sign the application for a Permit as Applicant. If a person who wishes to operate an Adult Business is a partnership or corporation, each partner, except limited partners, and each officer and director, must sign the application for a Permit as Applicant.

(d) Applicants for a Permit under this section shall have a continuing duty to promptly supplement application information required by this Section in the event that the information changes in any way from what is stated on the application. The failure to comply with this continuing duty within thirty (30) days from the date of the change, by supplementing the application on file with the Director, shall be grounds for suspension and revocation of a Permit.

(e) In the event that the Director determines or learns at any time that the Applicant has improperly completed the application for a proposed Adult Business, he/she shall promptly notify the Applicant of such fact and allow the Applicant ten (10) days to properly complete the application. The time period for granting or denying a permit shall be stayed during the period in which the Applicant is allowed an opportunity to properly complete the application.

(f) The Applicant must be qualified according to the provisions of this Section and the premises must be inspected and found to be in compliance with all health, fire and building codes and laws.

(g) The fact that a person possesses other types of state or city permits and/or licenses does not exempt him/her from the requirements of obtaining an Adult Business Permit. (Added, Ord. 97-25, eff. December 10, 1997, as amended by § 5, Ord. 99-1, eff. February 18, 1999)

5.19.09 Investigation of Permit Application.

(a) Upon receipt of a completed application properly filed with the Department and upon payment of the nonrefundable application fee, the Department shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to the Police Department and any other City departments or other agencies responsible for enforcement of health, fire and building codes and laws. Each department or agency shall promptly conduct an investigation of the Applicant, application and the proposed Adult Business in accordance with its responsibilities under law and as set forth in this Chapter. The investigation shall be completed within sufficient time so that the Director may grant or deny the Permit within the thirty (30) day time period specified in Section 5.19.10.

(b) At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it, and, in the event it disapproves, state the reasons therefor.

(c) A department or agency shall disapprove an application if it finds that the proposed Adult Business will be in violation of any provision of any statute, code, ordinance regulation or other law in effect in the City. (Added, Ord. 97-25, eff. December 10, 1997)

5.19.10 Issuance of Permit.

a. The Director shall grant or deny an application for a Permit within thirty (30) days from the date of its proper filing. Upon request or consent of the Applicant, the thirty (30) day period may be extended for a reasonable time.

b. The Director shall notify the applicant of the grant or denial of the Permit as follows:

(1) The Director shall write or stamp “Granted” or “Denied” on the application and date and sign such notation.

(2) If the application is denied, the Director shall attach to the application a statement of the reasons for denial.

(3) If the application is granted, the Director shall attach to the application an Adult Business Permit.

(4) 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 Applicant at the address stated in the application.

c. The Director shall grant the application and issue the Adult Business Permit upon findings that the proposed business meets the locational criteria of Section 5.19.07, and that the applicant has met all of the development and performance standards and requirements of Section 5.19.27, unless the application is denied for one or more of the reasons set forth in Section 5.19.11.

d. The Permit, if granted, shall state on its face the name of the person or persons to whom it is granted the expiration date, and the address of the Adult Business. The Permit shall indicate that the Adult Business is subject to prohibitions against public nudity and indecency pursuant to this chapter, and any applicable Federal or California statutes, or laws. The Permit shall be posted in a conspicuous place at or near the entrance to the Adult Business so that it can be easily read at any time.

e. The requirements set forth in Section 5.19.27 shall be made a part of and incorporated into the Adult Business Permit.

f. The Director may approve an application subject to the requirements of Section 5.19.27 being met, or other applicable requirements to the proposed Adult Business, and upon the Applicant meeting those requirements, the conditional approval shall be deemed approval of the application.

g. If the Director grants the application or if the Director neither grants nor denies the application within thirty (30) days after it is stamped as received (except as provided in Section 5.19.08(e)) the Permit shall be deemed to have been granted and the Applicant may begin operating the Adult Business for which the Permit was sought, subject to strict compliance with the development and performance standards of Section 5.19.27, and subject to revocation for the reasons set forth in Section 5.19.13. (Ord. 97-25, added, 11/10/1997, eff. December 10, 1997)

5.19.11 Denial of Application for Permit.

The Director shall deny an application for a Permit for any of the following reasons:

a. The building, structure, equipment, or location used by the business for which an Adult Business Permit is required does not comply with the requirements and standards of the zoning, health, building, fire and safety laws of the City and the State of California, or with the development and performance standards and requirements of this chapter, Section 5.19.27.

b. The Applicant, his or her employee, agent, partner, director, officer, shareholder or manager has failed to provide information required by this chapter or Permit application or has knowingly made any false, misleading or fraudulent statement of material fact in the application for an Adult Business Permit.

c. An applicant is under eighteen (18) years of age.

d. The required application fee has not been paid.

e. The Adult Business does not comply with the locational standards for Adult Businesses, Section 5.19.07.

f. An applicant or an applicant’s spouse is overdue on his/her payment to the City of taxes, fees, fines, or penalties assessed against him/her or imposed upon him/her in relation to any business.

g. An Applicant of the proposed business is in violation of, or is not in compliance with, any of the provisions of this chapter.

h. The Applicant has not obtained a City business license, or has failed to comply with any other regulations applicable to the proposed Adult Business separate and apart from the provisions of this chapter, except where there may be a conflict as stated in Section 5.19.02.

i. The granting of the application would violate a statute, ordinance or court order.

j. The Applicant has, or has had, a present or past Permit under this chapter which has been suspended or revoked within the preceding twelve (12) months from the date the application is properly filed.

k. If a person applies for a Permit for a particular location within a period of twelve (12) months from the date of denial of a previous application for a Permit at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application may be summarily denied. (Added, Ord. 97-25, eff. December 10, 1997)

5.19.12 Non Appealability of Permit Denial: Judicial Review.

(a) The Director’s decision to deny or grant an application for a Permit shall be final and conclusive. There shall be no appeal to the City Council.

(b) The Permittee may seek judicial review within ninety (90) days of the Director’s denial of an application in accordance with Code of Civil Procedures Section 1094.6. (Added, Ord. 97-25, eff. December 10, 1997)

5.19.13 Suspension or Revocation of a Permit.

(a) All Permits issued under the provisions of this chapter shall be subject to suspension or revocation upon the occurrence of any of the following conditions:

(1) Noncompliance with any provision of this chapter; or

(2) The Permittee, an employee of the Permittee, or Operator of an Adult Business engaged in the use of controlled substances while on the Adult Business premises; or

(3) The Permittee, an employee of the Permittee, or Operator of an Adult Business refused to allow an inspection of the Adult Business premises as authorized by this chapter; or

(4) The Permittee, an employee of the Permittee, or Operator of an Adult Business knowingly allowed or permitted illegal gambling by any person on the Adult Business premises; or

(5) The Permittee, an employee of the Permittee, or Operator of an Adult Business knowingly allowed or permitted the possession, use or sale of controlled substances on the Adult Business premises; or

(6) The Permittee, an employee of the Permittee, or Operator of an Adult Business knowingly allowed or permitted prostitution to occur on the Adult Business premises; or

(7) The Permittee, an employee of the Permittee, or Operator of an Adult Business knowingly allowed or permitted any other criminal or illegal activity to occur on the Adult Business premises; or

(8) The Permittee, an employee of the Permittee, or Operator of an Adult Business is operating or operated the Adult Business in violation of any Federal, State or local law, including any zoning, health, building or fire law, such determination being based upon an investigation by the department or agency charged with enforcing said rules or laws; or

(9) The Permittee, an employee of the Permittee, or Operator of an Adult Business engaged in Permit transfer contrary to Section 5.19.14. In the event that the Director suspends a Permit on the ground that a permittee engaged in a permit transfer contrary to Section 5.19.14, the Director shall forthwith notify the Permittee of the suspension. The suspension shall remain in effect until the applicable provisions of Section 5.19.14 have been satisfied; or

(10) The Adult Business has not maintained a current City business license; or

(11) The Permittee, an employee of the Permittee, or Operator of an Adult Business has failed to comply with any other City regulations applicable to the Adult Business separate and apart from this chapter, except where there may be a conflict as stated in Section 5.19.02; or

(12) The Permittee gave false or misleading information in the material submitted during the application process that tended to enhance the Applicant’s opportunity for obtaining a Permit; or

(13) The Permittee, an employee of the Permittee, or Operator of an Adult Business, knowingly operated the Adult Business during a period of time when the Permittee’s Permit was suspended; or

(14) On two (2) or more occasions within a twelve (12) month period, a person or persons committed an offense, occurring in or on the permitted premises, constituting a Specified Criminal Act for which a conviction has been obtained, and the person or persons were employees of the Adult Business at the time the offenses were committed. The fact that a conviction has been expunged or is being appealed shall have no effect on the revocation of the permit; or

(15) The Permittee has failed to pay City taxes, fees, fines or penalties assessed against him/her or imposed upon him/her in relation to the Adult Business; or

(16) Except in the case of an Adult Motel or Hotel, the Permittee, an employee of the Permittee, or Operator of an Adult Business, has knowingly allowed or permitted any act of sexual intercourse, sodomy, oral copulation, masturbation, or any other Specified Sexual Activities to occur in or on the permitted premises; or

(17) The Permittee, an employee of the Permittee, or Operator of an Adult Business, is operating an Adult Business for which the Permit was not granted; or

(18) Any of the enumerated reasons which would have been grounds for denying the Permit in the first instance.

(b) Upon a determination that conditions exist which justify the suspension or revocation of a permit, the Director, in his/her discretion, may:

(1) Immediately suspend the Permit by providing written notice to the Permittee of such suspension either by personal delivery or by certified mail, return receipt requested, addressed to the Permittee at the address listed in the Permit application, or any more recent address furnished to the Department by the Permittee. The written notice shall specify the action taken, the reason therefor and the time and date of a hearing on such matter. The hearing on this matter shall not occur earlier than two (2) nor later than five (5) Business Days of the notice of suspension. Such suspension hearing shall be held pursuant to the procedures provided in subsection (c) below; or

(2) Provide the Permittee with written notice of the determination that conditions exist which justify the revocation of the Permit either by personal delivery or by certified mail, return receipt requested, addressed to the Permittee at the address listed in the Permit application, or any more recent address furnished to the Department by the Permittee. The written notice shall specify the action taken, the reason therefor, and the time and date of a hearing on such matter. The hearing on this matter shall not occur earlier than ten (10) nor later than thirty (30) days after the notification. Such revocation hearing shall be held pursuant to the procedures provided in subsection (c) below. The Permittee may continue to operate the Adult Business, unless the Permit is suspended, pending the conclusion of the Revocation Hearing.

(c) Suspension and revocation hearings held under this section shall be held before a “Hearing Officer” selected by the City Manager. The hearing shall be informal in nature, allowing first the Director and then the Permittee to present their versions of the facts. The technical rules of evidence shall not apply except that the final decision of the Hearing Officer shall not be based solely upon hearsay evidence. With respect to a suspension hearing, the Hearing Officer shall have the authority to lift the suspension, or to continue the suspension for a period not to exceed six (6) months. With respect to revocation hearings, the Hearing Officer shall have the authority to revoke, suspend revocation and impose conditions, or not revoke the Permit. Upon conclusion of a suspension hearing, the Hearing Officer shall render a decision which includes the basis for the decision, which shall be memorialized in writing within two (2) business days. Upon conclusion of a revocation hearing, the Hearing Officer shall issue a written decision including the basis for the decision within ten (10) business days. The decision of the Hearing Officer to suspend or revoke a Permit shall be final and conclusive.

(d) The Permittee may seek judicial review of the final decision of a Hearing Officer within ninety (90) days of the Hearing Officers decision pursuant to Code of Civil Procedure Section 1094.6. (Added, Ord. 97-25, eff. December 10, 1997, as amended by § 6, Ord. 99-1, eff. February 18, 1999)

5.19.14 Transfer of Permit.

(a) A Permittee shall not operate an Adult Business under the authority of a Permit at any place other than the address designated in the application for Permit.

(b) A Permittee shall not transfer his/her Permit to another person unless and until the proposed transferee obtains an amendment to the Permit from the Director, which provides that he/she is now the Permittee, which amendment may be obtained only upon application as set forth in Sections 5.19.08 through 5.19.12.

(c) Where the proposed transfer of a Permit does not affect the operation of the Adult Business and is merely a simple transfer of ownership, the Director shall waive those portions of the application process which pertain to the unchanged facilities and the Applicant shall pay a transfer fee in lieu of an application fee, as set forth by resolution of the City Council.

(d) No Permit may be transferred when the Director has notified the Permittee that suspension or revocation proceedings have been or will be brought against the Permittee.

(e) A Permittee shall not transfer his Permit to another location.

(f) Any attempt to transfer a Permit either directly or indirectly in violation of this section shall be deemed to constitute a voluntary surrender of such Permit, and such Permit shall be thereafter declared null and void and the Permit shall be deemed revoked. (Added, Ord. 97-25, eff. December 10, 1997, as amended by § 7, Ord. 99-1, eff. February 18, 1999)

5.19.15 Adult Business Operator or Performer License.

a. No person shall be an Operator of an Adult Business or engage in or participate in any live performance depicting Specified Anatomical Areas or involving Specified Sexual Activities in an Adult Business, without a valid Adult Business Operator or Performer License issued by the City. All persons who have been issued an Adult Business Permit shall promptly supplement the information provided as part of the application for the Permit required by Section 5.19.08, with the names of all Operators of an Adult Business and Performers required to obtain an Adult Business Operator or Performer License, and no later than thirty (30) days within any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension or revocation of the Adult Business Permit.

b. The Police Chief shall grant, deny and renew Adult Business Operator and Performer Licenses.

c. The application for a License shall be made on a form provided by the Police Chief. An original and two copies of a completed and sworn License application shall be filed with the Police Chief.

d. The completed application shall contain the following information and be accompanied by the following documents:

(1) The applicant’s legal name and any other names (including “stage names” and aliases) used by the applicant;

(2) Age, date and place of birth;

(3) Height, weight, hair and eye color;

(4) Present residence address and telephone number

(5) Whether the applicant has within the two- or five-year period as specified in Section 5.19.16(d)(5) immediately preceding the date of the application, been convicted of a Specified Criminal Act irrespective of whether the conviction is being appealed or has been expunged, and, if so, the Specified Criminal Act involved, the date of conviction and the place of conviction.

(6) Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution;

(7) State driver’s license or identification number and social security number;

(8) Satisfactory written proof that the applicant is at least eighteen (18) years of age;

(9) Whether the applicant has had a previous similar license under this ordinance or other similar ordinances from another city or county denied, suspended or revoked, including the name and location of the Adult Business for which the license was sought and denied, suspended or revoked, as well as the date of the denial, suspension or revocation.

(10) The applicant’s fingerprints on a form provided by the Police Department, and a color photograph clearly showing the applicant’s face. Any fees for the photographs and fingerprints shall be paid by the applicant. The applicant shall authorize the Police Chief to obtain any available criminal offender record information relating to the applicant;

(11) If the application is made for the purpose of renewing a License, the applicant shall attach a copy of the License to be renewed.

e. The completed application shall be accompanied by a non-refundable application fee in an amount set forth by resolution of the City Council.

f. Upon receipt of an application and payment of the application fees, the Police Chief shall immediately stamp the application as received and promptly investigate the application.

g. If the Police Chief determines that the applicant has completed the application improperly, the Police Chief shall promptly notify the applicant of such fact and grant the applicant an extension of time of not more than ten (10) days to complete the application properly. In addition, the applicant may request an extension, not to exceed ten (10) days, of the time for the Police Chief to act on the application. The time period for granting or denying a License shall be stayed during the period in which the applicant is granted an extension of time.

h. The provisions of this section shall apply to Figure Models who participate in any live performance depicting Specified Anatomical Areas or involving Specified Sexual Activities. (97-25, Added, 11/10/1997, Effective December 10, 1997)

5.19.16 Investigation and Action on Application for Adult Business Operator or Performer License.

a. Within two (2) Business Days after receipt of the properly completed application, the Police Chief shall either grant or deny the application, or grant a temporary License, and so notify the applicant as follows:

(1) The Police Chief shall write or stamp “Granted,” “Denied” or “Temporary License Granted” on the application and date and sign such notation.

(2) If the application is denied, the Police Chief shall attach to the application a statement of the reasons for denial.

(3) If the application is granted, whether temporarily or not, the Police Chief shall attach to the application an Adult Business Operator or Performer License.

(4) If a temporary License is granted, the Police Chief shall complete its investigation of the applicant within forty five (45) days after receipt of a properly completed application and notify the applicant of whether the License will be granted or denied. The temporary license shall be valid until the application is granted or denied, unless revoked in accordance with this Section.

(5) The application as granted or denied and the License, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the residence address stated in the application.

b. The Police Chief shall grant the application and issue the License unless the application is denied for one or more of the reasons set forth in this Section.

c. If the Police Chief grants the application or if the Police Chief neither grants nor denies the application within the times specified in this Section after it is stamped as received, the applicant shall be deemed to have a License and may begin acting or performing in the capacity for which the License was sought, subject to the right of the Police Chief to act upon the License within the forty five (45) day investigation period even if the Police Chief has failed to act within two (2) Business Days, and subject to the grounds for revocation set forth in this Section.

d. The Police Chief shall deny the application for any of the following reasons:

(1) The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a License or in any report or document required to be filed with the application.

(2) The applicant is under eighteen (18) years of age.

(3) The Adult Business Operator or Performer License is to be used for acting or performing in a business prohibited by State or City law.

(4) The applicant has been registered in any state as a prostitute.

(5) The applicant has been convicted of a “Specified Criminal Act” for which:

(a) Less than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the “Specified Criminal Act”;

(b) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense for the “Specified Criminal Act”;

(c) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanors for the “Specified Criminal Acts” occurring within any twenty-four-month period;

(d) The fact that a conviction is being appealed or has been expunged shall have no effect on disqualification of the Applicant.

(6) The applicant had any type of Adult Business Operator or Performer License revoked by any public entity within the preceding (3) years.

e. The Police Chief’s decision to deny or grant an application for a License shall be final and conclusive. There shall be no appeal to the City Council. The applicant may seek judicial review within ninety (90) days of the Police Chief’s denial in accordance with Code of Civil Procedures section 1094.6.

f. Each Adult Business Operator or Performer License shall expire one (1) year from the date of issuance and may be renewed only by filing with the Police Chief a written request for renewal, accompanied by the application fee and a copy of the License to be renewed. The request for renewal shall be made at least thirty (30) days before the expiration date of the License. When made less than thirty (30) days before the expiration date, the expiration of the License will not be stayed. Applications for renewal shall be acted on as provided herein for applications for Licenses.

g. The Police Chief may suspend or revoke a License for any of the following reasons:

(1) An Operator of an Adult Business or Adult Business Performer has engaged in one of the activities described below while on the premises of an Adult Business:

(a) Any act of sexual intercourse, sodomy, oral copulation or masturbation;

(b) Use of the establishment as a place for unlawful solicitations for sexual intercourse, sodomy, oral copulation or masturbation;

(d) Any conduct prohibited by this Chapter.

(2) Any of the enumerated reasons which would have been grounds for denying the License in the first instance.

h. Suspension or Revocation of the License shall be in accordance with the procedures set forth in Section 5.19.13(b), (c) and (d). (97-25, eff. December 10, 1997)

5.19.17 Register and License Number of Employees: Gross Receipts Records; Records Open for Inspection.

a. Every Permittee of an Adult Business which 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 their License numbers. Such register shall be available for inspection during regular business hours by any police officer or code enforcement officer of the City.

b. Every Permittee of an Adult Business must also maintain a register of all Operators of an Adult Business on the premises and their license numbers. Such register shall be available for inspection during regular business hours by any police officer or code enforcement officer of the City.

c. Every owner, operator, or manager of a business which is involved in the sale, trade, rental, display or presentation of services, products, Adult Material, or entertainment which is Distinguished or Characterized by an Emphasis Upon matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas, and every Permittee, shall make those records necessary to determine whether twenty (20%) percent or more of gross receipts from the business qualifies the business as an Adult Business, as set forth in Section 5.19.04(cc). Such records shall be available for inspection during regular business hours by the Director and his/her designee, which shall include the Finance Director or the Finance Director’s designee.

d. Every Permittee shall make those video records and logs required by Section 5.19.27 subsection (m) available for inspection during regular business hours by any police officer or code enforcement officer of the City, and at any other time upon demand of a police officer when the officer determines there is an immediate need to review the information in the conduct of an investigation. (Added, Ord. 97-25, eff. December 10, 1997, as amended by § 8, Ord. 99-1, eff. February 18, 1999)

5.19.18 Display of Permit and Identification Cards.

a. 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.

b. The Police Chief shall provide each Operator of an Adult Business and Adult Business Performer required to have a License pursuant to this Chapter, with an identification card containing the name, address, photograph and license number of such performer.

c. An Operator of an Adult Business and Adult Business Performer shall have such card available for inspection at all times during which such person is on the premises of the Adult Business. (97-25, Added, 11/10/1997, Effective December 10, 1997)

5.19.19 Employment of Persons Without Licenses Unlawful.

a. It shall be unlawful for any Permittee to allow any person to act in the capacity of an Operator of an Adult Business who is not in possession of a valid, unrevoked Adult Business Operator License.

b. It shall be unlawful for any Permittee, employee of a permittee, or Operator of an Adult Business which provides live entertainment depicting Specified Anatomical Areas or involving Specified Sexual Activities to allow any person to perform such entertainment who is not in possession of a valid, unrevoked Adult Business Performer License. (97-25, Added, 11/10/1997, Effective December 10, 1997)

5.19.20 Employment of and Services Rendered to Persons Under the Age of Eighteen (18) Years Prohibited.

a. It shall be unlawful for any Permittee, employee of a permittee, or Operator of an Adult Business to employ, or provide any service for which it requires such Permit, to any person who is not at least eighteen (18) years of age

b. It shall be unlawful for any Permittee, employee of a permittee, or Operator of an Adult Business to permit to enter, or remain within the Adult Business, any person who is not at least eighteen (18) years of age. (97-25, Added, 11/10/1997, Effective December 10, 1997)

5.19.21 Inspection.

a. The Permittee, an employee of the Permittee, or Operator of an Adult Business, shall allow representatives of the City’s police department, fire department, building department, planning and development services department, the County health department, the State of California, Department of Industrial Relations, Division of Occupational Safety and Health (Cal-O.S.H.A.), and any other entity whose assistance is deemed necessary by the City of Clovis, including their authorized representatives, to conduct regular and consequential inspections of all portions of the business without a warrant for the purposes of ensuring compliance with this Chapter and any other applicable law, at any time the Adult Business is occupied or open for business. This right to inspect shall include the right to collect any evidence deemed necessary by any of the inspectors described herein.

b. It is unlawful for any Permittee, an employee of the Permittee, or Operator of an Adult Business, regardless of whether or not a Permit has been issued for an Adult Business under this Chapter, to refuse to allow such lawful inspection of the premises at any time that it is occupied or open for business, and it is a misdemeanor for any Permittee, employee of a Permittee, or Operator of an Adult Business to refuse to allow such lawful inspection of the premises at any time that it is occupied or open for business. (97-27, Added, 11/10/1997, Effective December 10, 1997)

5.19.22 Additional Provisions Relating to Health and Safety.

It shall be the responsibility of the Permittee, an employee of the Permittee, or Operator of an Adult Business to be familiar and comply with all applicable provisions of the California Code of Regulations, including but not limited to Title 8, section 5193, et seq. and applicable sections of any other California codes, including but not limited to section 25189.5 of the California Health and Safety Code, section 370 of the California Penal Code, and section 6300 et seq. of the California Labor Code, as they relate to operation of the Adult Business and it’s employees.

The Permittee, an employee of the Permittee, or Operator of an Adult Business, shall acknowledge the authority of the City of Clovis to inspect for compliance and to enforce the provisions of these codes as well as any other applicable codes and ordinances, as set forth in Section 5.19.21. (97-25, Added, 11/10/1997, Effective December 10, 1997)

5.19.23 Time Limit for Filing Application for Permit and License.

All persons who possess an outstanding business license heretofore issued for the operation of an Adult Business and all persons required by this Chapter to obtain an Adult Business Operator or Performer License, must apply for and obtain such a Permit or License within ninety (90) days of the effective date of this Chapter. Failure to do so and continued operation of an Adult Business, or the continued performances depicting Specified Anatomical Areas or Specified Sexual Activities in an Adult Business after such time without a Permit or License shall constitute a violation of this Chapter. (97-25, Added, 11/10/1997, Effective December 10, 1997)

5.19.24 Penalties for Violation.

It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this chapter. Any person, firm, partnership, or corporation violating any provision, except the provisions banning nudity, of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand and no/100ths ($1,000.00) Dollars or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership or corporation. (Added, Ord. 97-25, eff. December 10, 1997, as amended by § 9, Ord. 99-1, eff. February 18, 1999)

5.19.25 Civil Remedies Available.

The violation of any of the provisions of this Chapter shall also constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. (Added Ord. 97-25, eff. December 10, 1997)

5.19.26 Compliance with Applicable Laws: State or Federal Preemption: Severability.

(a) The City believes that this chapter, and all sections and subsections, complies with all applicable laws and that none of the provisions in this chapter are preempted by any State or Federal law. However, if the laws should change so that any provision of this chapter is no longer considered lawful, the City shall not enforce that provision of the chapter. In addition, if for any reason any section, subsection, sentence, clause, phrase or portion of this chapter is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

(b) With particular reference to the judicial review provisions of this chapter, the City believes that the expeditious process established in this chapter with the opportunity for immediate judicial review in State court satisfies the constitutional requirement of prompt judicial review. Nevertheless, to further ensure that this chapter satisfies the prompt judicial review requirement, the City will expedite the review in State court by filing an answer or return and certifying the record of proceedings as necessary within five (5) business days of service of the court action and, together with the Applicant or Permittee, will use State and local rules and procedures for scheduling a hearing on the merits and obtaining a decision within the shortest time permitted by the court.

(c) If a court of competent jurisdiction were to hold that existing State law and local procedures when coupled with the process set forth in this chapter and in this section do not provide for prompt judicial review, then the City intends the ordinance codified in this section to operate as follows: if the Applicant or Permittee seeks judicial review of a decision by the City under this chapter and a hearing and decision does not occur within sixty (60) days after the Applicant or Permittee files for review in State court, the City’s decision shall be stayed until a decision is issued by the court. If a court in reviewing the ordinance codified in this section determines that sixty (60) days is not prompt judicial review, the City’s decision shall be stayed after that length of time which the court determines is prompt judicial review. The stay shall only affect the decision challenged by the Applicant or Permittee and the Adult Business shall be subject to all other provisions of this chapter that have not been invalidated, including but not limited, limitations on an Adult Business Permit, locational requirements, transfer of a Permit, records, inspection, and development and performance standards. The net effect of the stay of a Permit denial shall be that the Applicant will be operating under a de facto permit pending a court decision. (Added, Ord. 97-25, eff. December 10, 1997, as amended by § 10, Ord. 99-1, eff. February 18, 1999)

5.19.27 Adult Business Development and Performance Standards.

(a) Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the Fire Department and building regulations and standards adopted by the City of Clovis.

(b) 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” 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 (exterior and interior), show window or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times. Such opaque covering shall be subject to review and approval by the Director for aesthetic compatibility with surrounding uses. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the business.

(c) All on-site signs shall conform to the relevant provisions of the Clovis Municipal Code regarding signs. No sign shall depict Specified Anatomical Areas or Specified Sexual Activities.

(d) All exterior areas on the site, including parking areas and premises entries, of the Adult Business shall be illuminated from sunset until at least two (2) hours after close of operation with a lighting system which provides a minimum of two (2) footcandles of light, minimally maintained and evenly distributed at ground level. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the Adult Business, as well as sufficient illumination of other areas where patrons might loiter, for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.

(e) 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 public right-of-way or within any other building or other separate unit within the same building.

(f) An Adult Business shall be open for business only between the hours of 10:00 a.m. and 10:00 p.m. on any particular day.

(g) Only one (1) door shall be used as a customer entrance/exit and this door shall be immediately adjacent to, visible from and monitored by the sales counter or manager’s station and it’s personnel. All pedestrian access doors, other than the main entrance, shall be marked and used exclusively as emergency exits. All emergency exits shall be equipped with alarms which shall be operational during all business hours, excepting only brief and infrequent periods of time when employees must necessarily use such doors within the scope of their employment.

(h) The building entrance to an Adult Business shall be clearly and legibly posted with a notice indicating that persons under eighteen (18) years of age are precluded from entering the premises. The notice shall also state that loitering, drinking of alcoholic beverages and illegal parking is prohibited. Further, the owner/operator shall submit a letter to the Police Chief authorizing and requesting the enforcement of all laws upon this private property. The notice shall be constructed and posted to the satisfaction of the Director.

(i) All indoor areas of the adult business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.

(j) No alcohol sale or consumption shall occur on the premises of an adult business. No permittee, an employee of the permittee, or operator of an adult business, shall engage in the use of alcoholic beverages while on the adult business premises, and no permittee, an employee of the permittee, or operator of an adult business shall knowingly allow or permit the use of alcoholic beverages on the adult business premises.

(k) It shall be the duty of the permittee, an employee of the permittee, or operator of an adult business to regularly view the exterior premises of the adult business site, including the parking area and the business vicinity, for discarded items from the adult business, and to remove discarded items from the adult business which are littered on the ground. For purposes of this section, the “vicinity of the adult business” shall mean three hundred feet (300′) feet surrounding the property line of the adult business site; and “regularly view” shall mean not less than every four (4) hours when the business is open to the public and once after closing.

(l) Any adult business which is also an adult arcade shall comply with the following provisions:

(1) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two (2) or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, except restrooms, from at least one of the manager’s stations. The view required in this subsection must be direct line of sight from the manager’s station. The area of the managers station shall not exceed a width to length dimensional ratio of one to three (1:3).

(2) It shall be the duty of the permittee, an employee of the permittee, or operator of an adult business, to ensure that at least one employee is on duty and situated at each manager’s station at all times that any patron is present inside the adult arcade.

(3) Video or other viewing areas shall not be placed in a secluded location. In furtherance of this requirement, video and other viewing areas shall be placed in a location where they can be supervised by the manager’s station closest to the main entrance.

(4) Video or other viewing areas must be supervised at all times and shall at all times remain open and unobstructed by any doors, walls, merchandise, display racks, or other materials. No patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.

(5) Video or other viewing areas shall not be occupied by more than one person at any one time. Video and other viewing areas shall be maintained in such a manner which does not allow means of direct communication, viewing or physical contact from one video or viewing area into another. In furtherance of this requirement, each video or other viewing area shall be separated from any other video or viewing area by not less than five feet (5′). Any partitions which separate video or viewing areas shall be maintained in good repair at all times, with no holes in any such partitions.

(6) Customers, patrons or visitors shall not be allowed to stand idly by in the vicinity of any video or other viewing area, or to remain in the common area of such business, who are not actively engaged in shopping for or reviewing the products available on display for purchase or viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video or other viewing areas.

(7) The floors, seats, walls and other portions of all video or other viewing areas shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such video or viewing areas shall be evidence of improper maintenance and inadequate sanitary controls. Repeated instances of such conditions shall justify suspension or revocation of the permittee’s license to conduct the adult business.

(8) All exposed surfaces located in or near video or other viewing areas, including walls, floors, chairs, and equipment, shall be constructed utilizing nonporous, smooth and washable materials which allow for easy and complete sanitation.

(9) It shall be the duty of the permittee, an employee of the permittee, or operator of an adult business, and it shall also be the duty of all employees present in the adult arcade, to ensure that the requirements of this subsection are complied with.

(10) No alteration in the configuration or location of a manager’s station(s) or video or other viewing area may be made without the prior approval of the Director after consultation with the Police Chief.

(m) All interior areas of the adult business, except restrooms, and all exterior areas of the adult business site shall be monitored via closed circuit camera(s), and all such monitoring shall be captured upon video tape(s) or equivalent technological medium approved by the Department (“video recordings”). Video monitoring/taping shall commence not later than the beginning of each business day and cease not earlier than the end of each business day, and shall be in progress as long as any member of the public (i.e., persons not regularly employed by the business or involved in its day-to-day operation) is within the business for any purpose. All such video recordings shall be retained upon the premises for not less than seven (7) days from its/their individual recording dates. All video recordings from monitoring cameras shall display a continuous and true time and date stamp which is clearly visible during playback. A log shall be kept upon the premises at all times documenting the time and date that the video monitoring/taping equipment is started and stopped each day. Such log shall also include notations indicating any periods of time that the videotaping was not in operation under the required conditions, an explanation as to why there was an interruption in videotaping, and the name of the employee making the entry. Only high quality video recordings shall be used and the recordings shall be replaced where any noticeable degradation in quality occurs. If any of the monitoring equipment is damaged or broken, it shall be timely repaired or replaced. An adult business shall not be open to patrons at any time the monitoring equipment is not functioning.

(n) All areas of the adult business shall be illuminated at a minimum of the following footcandles, minimally maintained and evenly distributed at ground level:

(1) Bookstores and other retail establishments (twenty (20) footcandles);

(2) Theaters and cabarets (five (5) footcandles, except during performances, at which times lighting shall be at least 1.25 footcandles);

(3) Arcades (ten (10) footcandles);

(4) Motels and hotels (twenty (20) footcandles in public places);

(5) Modeling studios (twenty (20) footcandles);

(6) It shall be the duty of the permittee, an employee of the permittee, or operator of an adult business, and it also shall be the duty of all employees present at the adult arcade, to ensure that the illumination described above is maintained at all times that any patron is present. The loss of such lighting due to power failure or other cause shall require that the adult business premises be vacated by patrons and closed to patrons until the lighting standards are restored.

(o) The following requirements pertain to restroom facilities:

(1) The adult business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and 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. The restrooms shall be free from any adult material. There shall be no loitering in or about the restrooms. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment.

(2) In addition to the foregoing, the restroom(s) shall be regularly monitored to prevent loitering and to prevent person(s) from engaging in specified sexual activities in the restroom(s). If the City discovers any incident(s) of specified sexual activities occurring within the restroom(s), the Director may require that the restroom(s) contain an attendant as follows: for single occupant restroom(s), an attendant shall observe the entrance to the restroom at all times during which the business contains patrons to ensure that only one person is allowed in the restroom at any time, unless the person has a disability which requires assistance, in which case the business shall accommodate that person as may be required under the Americans with Disabilities Act or other Federal or State law; for multiple occupant restroom(s), an attendant shall be present in, or immediate adjacent to the entrance of, the restroom(s) during all times which the business has patrons to ensure that persons do not loiter in or engage in specified sexual activities within the restroom(s). The Director shall document the basis for a determination to require a restroom attendant.

(3) The foregoing provisions of this paragraph 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.

(4) Nothing in this section shall prohibit the suspension or revocation of a permit for allowing specified sexual activities to occur on the premises of the adult business.

(p) The following additional requirements shall pertain to adult businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities:

(1) No person shall perform live entertainment for patrons of an adult business except upon a stage at least eighteen inches (18′′) above the level of the floor which is separated by a distance of at least ten feet (10′) from the nearest area occupied by patrons, and no patron shall be permitted within ten feet (10′) of the stage while the stage is occupied by an entertainer. “Entertainer” shall mean any person who is an employee or independent contractor of the adult business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult business.

(2) The adult business shall provide dressing room facilities for entertainers which are exclusively dedicated to the entertainers’ use.

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

(4) The adult business shall provide access for 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 (3′) 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.

(5) No 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. This subsection shall only apply to physical contact on the premises of the adult business.

(6) Fixed rail(s) at least thirty inches (30′′) in height shall be maintained establishing the separations between entertainers and patrons required by this subsection.

(7) No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit any pay or gratuity from any patron.

(8) No permittee, employee of a permittee, or operator of an adult business, shall permit any 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 nipple or areola and/or covered male genitals in a discernible 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) Adult businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards:

(1) Adult businesses featuring live entertainment shall provide at least one security guard on site at all times while the business is open. If the occupancy limit of the premises is greater than thirty-five (35) persons, an additional security guard shall be on duty.

(2) For other adult businesses at least one security guard shall be upon the premises at all times during all hours of darkness in which the business operates.

(3) Additional security guards 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 Section 5.19.13(a), subsections (2), (4) through (7), (14), and (16), from occurring on the premises. The Police Chief shall document the basis for any such determination.

(4) Security guard(s) shall be charged with preventing violations of law 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 as a security guard as required by applicable provisions of State law. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket takes, admittance person, or sole occupant of the manager’s station while acting as a security guard.

(r) The adult business shall not be located, in whole or in part, within any portable structure.

(s) The adult business shall not conduct any massage, acupuncture, tattooing, acupressure or escort services and shall not allow such activities on the premises.

(t) Landscaping shall conform to the standards established for the site of the adult business.

(u) Except as specifically provided in this chapter, the adult business shall comply with the zoning, parking, development and design standards applicable to the zone or area in which the business is located.

(v) The adult business shall not conduct or sponsor any special events promotions, festivals, concerts or similar activities which would increase the demand for parking spaces beyond the approved number of spaces for the business.

(w) No pay phones or phone booths shall be located, and the permittee or operator of an adult business shall not allow such phones or phone booths to be located outside the interior premises of the adult business.

The foregoing applicable requirements of this section shall be deemed conditions of the Adult Business Permit approval, and failure to comply with every such requirement shall be grounds for suspension or revocation of the permit issued pursuant to these regulations. (Added, Ord. 97-25, eff. December 10, 1997, as amended by § 11, Ord. 99-1, eff. February 18, 1999)

5.19.28 Businesses Which Sell Adult Material but not as a Regular and Substantial Portion of their Business.

Any business which for any form of consideration sells, rents, or offers for use or viewing, adult material which is not a regular and substantial portion of the business, and is not otherwise an adult business, shall keep adult materials in an area separate from other stock and in an area which shall be made not accessible to persons under the age of eighteen (18). A sign shall be affixed to the area stating adults only, and that admission is only for those persons over eighteen (18) years of age. The adult material shall also not be visible from any part of the premises where persons under the age of eighteen (18) are allowed to patronize. The entrance to an area containing adult material shall be monitored at all times to ensure that minors do not enter the area. (Added, Ord. 97-25, eff. December 10, 1997, as amended by § 12, Ord. 99-1, eff. February 18, 1999)

5.19.29 Businesses Which are Engaged in the Manufacturing or Wholesale Distribution of Adult Material.

Businesses which are engaged in the manufacturing or wholesale distribution of adult material shall comply with the following regulations, which shall be in addition to any other Federal, State, or local requirements:

(a) All on-site signs shall conform to the relevant provisions of the Clovis Municipal Code regarding signs. No sign shall depict specified anatomical areas or specified sexual activities.

(b) Any adult materials disposed of as garbage or unusable material shall be disposed of in receptacles not accessible to the public unless such material is made nondiscernible as adult material.

(d) The owner, operator, or manager of the business shall regularly view the exterior premises of the business, including the parking area and the business vicinity, for discarded items from the business, and shall remove discarded items from the business which are littered on the ground. For purposes of this section, the “vicinity of the business” shall mean three hundred feet (300′) surrounding the property line of the business site; and “regularly view” shall mean not less than every four (4) hours when the business is operating and once after closing. (§ 13, Ord. 99-1, eff. February 18, 1999)