Chapter 17.40
ADULT-ORIENTED BUSINESS REGULATIONS
Sections:
17.40.010 Intent and purpose of chapter.
17.40.030 Prohibited areas and minimum proximity requirements.
17.40.040 Adult-oriented business permit required.
17.40.050 Application requirements.
17.40.060 Investigation and action on application.
17.40.080 Judicial review of decision to grant, deny, or revoke.
17.40.110 Registration of new employees.
17.40.120 Adult-oriented business development standards.
17.40.140 Persons under 18 prohibited.
17.40.150 Transfer of adult-oriented business regulatory permits.
17.40.180 Applicability to other regulations.
17.40.190 Conduct constituting a public nuisance.
17.40.010 Intent and purpose of chapter.
A. Intent. It is the intent of this chapter to provide special design guidelines, standards, and development regulations to regulate the time, place, and manner of the operation of adult-oriented businesses in order to minimize the negative secondary effects associated with these business including, but not limited to, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of adult-oriented businesses in close proximity to each other or proximity to other incompatible uses, including churches, parks, playgrounds, schools, and residentially zoned districts or uses. The council finds that it has been demonstrated in various communities that the concentration of adult-oriented businesses causes an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described above can cause other businesses and residents to move elsewhere.
B. Purpose. It is, therefore, the purpose of this chapter to:
1. Establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses or their close proximity to incompatible uses, while allowing the location of adult-oriented businesses in certain areas; and
2. Regulate adult-oriented businesses in order to promote the health, safety, and general welfare of the citizens of the city.
C. Not Purpose, Intent, or Effect. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material. (Ord. 766 § 2 Exh. A (part), 2004).
17.40.020 Definitions.
Definitions of the technical terms and phrases used in this chapter are under “Adult-oriented business” in Article 9 (Glossary) of this title. (Ord. 766 § 2 Exh. A (part), 2004).
17.40.030 Prohibited areas and minimum proximity requirements.
A. IG (General Industrial) Zoning District. Subject to the limitations set forth in this chapter, adult-oriented businesses may be established in the IG (general industrial) zoning district of the city.
B. Specified Distance Separation Requirements. Notwithstanding the above, no adult-oriented business shall be established or located within certain distances of certain specified land uses or zoning districts as set forth in this subsection. No adult-oriented business shall be established or located:
1. On a parcel within the IG zoning district abutting Redwood drive;
2. Within a three hundred-foot radius from any existing residential zoning district or use. The distance between a proposed adult-oriented business use and a residential zoning district or use shall be measured from the nearest exterior wall of the facility housing the adult-oriented business use or proposed adult-oriented business use to the nearest property line included within a residential zoning district or property in current residential use, along a straight line extended between the two points;
3. Within five hundred feet of any other adult-oriented business as defined in this chapter which is located either inside or outside the jurisdiction of the city. The distance between the two adult-oriented business uses shall be measured between the nearest exterior wall of the facility housing the adult-oriented business use and proposed adult-oriented business use along a straight line extended between the two points; or
4. Within five hundred feet from any existing park, playground, religious facility, or school use or property zoned open space (OSC or OSR) or public facilities (PF). The distance between a proposed adult-oriented business use and park, playground, church or school uses or property zoned open space (OSC or OSR) or public facilities (PF), shall be measured from the nearest exterior wall of the facility housing the adult-oriented business use or proposed adult-oriented business use to the nearest property line where the park, playground, church or school use is located, or property zoned open space (OSC or OSR) or public facilities (PF) along a straight line extended between the two points.
C. Separation Requirements also Apply to the General Plan. The above distance limitations shall also apply to residential districts or uses and parks, playgrounds, schools, and church uses or property so designated in the general plan land use element of an adjacent jurisdiction. (Ord. 766 § 2 Exh. A (part), 2004).
17.40.040 Adult-oriented business permit required.
A. Adult-Oriented Business Permit and Business License Required. It is unlawful for any person to engage in, conduct, establish, carry on, or to permit to be engaged in, conducted, established, or carried on, in or upon any premises in the city, the operation of an adult-oriented business unless the person first obtains and continues to maintain in full force and effect both an adult-oriented business permit and a business license from the city.
B. Not Allowed by Right. No adult-oriented business may be established within the city by right. All persons wishing to establish an adult-oriented business within the city shall first apply for and receive an adult-oriented business permit in compliance with this chapter.
C. Applicant to Supply Sufficient Evidence. It is the burden of the applicant for an adult-oriented business permit to supply sufficient evidence to justify the grant of an adult-oriented business permit. (Ord. 766 § 2 Exh. A (part), 2004).
17.40.050 Application requirements.
A. Application Submittal. Any person desiring to operate or establish an adult-oriented business within the city shall file with the department an adult-oriented business permit application on a standard application form supplied by the department.
B. Required Information. All applications shall include the following information:
1. If the applicant is an individual, the individual shall state his or her legal name, including any aliases, address, and submit satisfactory written proof that he or she is at least eighteen years of age;
2. If the applicant is a partnership, the partners shall state the partnership’s complete name, address, the names and current addresses of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any;
3. If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names, addresses, and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process;
4. The notarized signature of the property owner and proof of ownership;
5. A nonrefundable deposit or fee as set forth by the city’s fee schedule;
6. Signed statement by the applicant verifying that applicant intends to and will comply with all of the adult-oriented business development standards of this chapter;
7. A description of the adult-oriented business for which the permit is requested and the proposed address where the adult-oriented business will operate, plus the names and addresses of all the owners and lessors of the adult-oriented business site;
8. The address to which notice of action on the application is to be mailed;
9. The names of all employees, independent contractors, and other persons who will perform/work at the adult-oriented business;
10. A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult-oriented business. The sketch or diagram need not be professionally prepared, but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches;
11. A straight-line drawing prepared within thirty calendar days before application depicting the building and the portion thereof to be occupied by the adult-oriented business, and:
a. The property line of any residential zoning district or use within three hundred feet of the primary entrance of the adult-oriented business,
b. The property line of any other adult-oriented business within five hundred feet of the primary entrance of the adult-oriented business for which a business permit is requested, and
c. The property lines of any church, school, park, or playground within five hundred feet of the primary entrance of the adult-oriented business.
12. A diagram of the off-street parking areas and premises entries of the adult-oriented business showing the location of the lighting system required by this chapter.
C. Signature of Applicant Required. If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a ten percent or greater interest in the business entity shall sign the application.
D. Fictitious Name, if Applicable. If the applicant intends to operate the adult-oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult-oriented business and show proof of registration of the fictitious name.
E. CEQA Compliance. All applicants for an adult-oriented business permit shall also fill out the city’s environmental review package/initial study checklist for purposes of complying with the California Environmental Quality Act (CEQA).
F. Director’s Determination of Completeness. The director shall determine whether the application contains all the information required by this chapter. If it is determined that the application is not complete, the applicant shall be notified, in writing, within thirty days of the date of receipt of the application that the application is not complete and the reasons therefor, including any additional information necessary to render the application complete. The applicant shall have thirty calendar days to submit additional information to render the application complete. Failure to do so within the thirty-day period shall render the application automatically void. Within thirty days following the receipt of an amended application or supplemental information, the director shall again determine whether the application is complete in compliance with the procedures set forth in this subsection. Evaluation and notification shall occur as provided in this section until the time the application is found to be complete. The applicant shall be notified within ten days of the date the application is found to be complete. All notices required by this chapter shall be deemed given upon the date that they are either deposited in the United States mail or the date upon which personal service of the notice is provided.
G. Other Permits or Licenses. The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining an adult-oriented business permit. (Ord. 766 § 2 Exh. A (part), 2004).
17.40.060 Investigation and action on application.
A. Appropriate Investigation and Inspection. Upon the filing of a completed application, the commission shall cause to be made by its own members, or members of its staff, an appropriate investigation, including consultation with the building, police, fire and health departments and inspection of the premises as needed. Consultation is not grounds for the city to unilaterally delay in reviewing a completed application.
B. Public Hearing Within 45 Days. Within forty-five days of receipt of the completed application, the commission shall hold a public hearing on the application for an adult-oriented business permit. Notice of the public hearing shall be given in compliance with California Government Code Section 65091, as the same may be amended from time to time.
C. Relevant Evidence. In reaching a decision on an application for an adult-oriented business permit, the commission shall not be bound by the formal rules of evidence. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.
D. Commission’s Decision Within Sixty Days. The commission shall grant, conditionally grant or deny an application for an adult-oriented business permit (“permit”). The commission shall render a written decision on the application for an adult-oriented business permit within sixty days of receiving a completed application. The failure of the commission to render a decision within this time frame shall be deemed to constitute a denial of the application. Any conditions imposed upon the permit shall be in keeping with the objective development standards of this chapter and the underlying zoning district in which the property is located.
E. Transmittal of Decision to Applicant. The commission’s decision shall be hand-delivered or mailed to the applicant. (Ord. 766 § 2 Exh. A (part), 2004).
17.40.070 Appeal.
A. Appeal of Commission’s Decision. Any interested person may appeal the decision of the commission to the council in writing within ten days after the commission’s written decision. In addition, within ten days after the commission’s written decision, any member of the council shall have the authority to direct that the council review the decision of the commission on the grounds that the individual council member believes that the matter should be decided by the council.
B. De Novo Public Hearing. Consideration of an appeal of the commission’s decision shall be at a de novo public hearing which shall be noticed in the same manner as the public hearing of the commission and shall occur within thirty days of the filing of the appeal or initiation of review by the council.
C. Council’s Action on Appeal. The council action on the appeal of the commission’s decision shall be by a majority vote of the quorum, and upon the conclusion of the public hearing, the council shall grant, conditionally grant, or deny the application. The council’s decision shall be final and conclusive.
D. Relevant Evidence. In reaching its decision, the council shall not be bound by the formal rules of evidence. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. (Ord. 766 § 2 Exh. A (part), 2004).
17.40.080 Judicial review of decision to grant, deny, or revoke.
A. Court Challenge. The time for court challenge to a decision by the council to grant, deny, or revoke, an adult-oriented business permit is governed by California Code of Civil Procedure Section 1094.6.
B. Transmittal of Decision to Applicant. Notice of the council’s decision and its findings shall be mailed to the applicant and shall include citation to California Code of Civil Procedure Section 1094.6.
C. Prompt Judicial Review. The petitioner may seek prompt judicial review of the council’s action in compliance with California Code of Civil Procedure Section 1094.8. (Ord. 766 § 2 Exh. A (part), 2004).
17.40.090 Permit expiration.
Any adult-oriented business permit approved in compliance with this chapter shall become null and void unless the proposed use is established within one hundred eighty days of the date from the approval. As to facilities that are a reuse of existing facilities, the adult-oriented business permit shall become null and void unless the proposed use is established within one hundred eighty days from the date of approval, unless before the expiration date the permittee demonstrates to the satisfaction of the commission that the applicant has a good faith intent to presently commence the proposed use. The extensions shall not exceed a total of two, one hundred eighty-day extensions. (Ord. 766 § 2 Exh. A (part), 2004).
17.40.100 Findings.
A. Required Findings. The commission, or council appeal shall approve or conditionally approve an application for an adult-oriented business permit where the information submitted by the applicant substantiates all of the following findings:
1. The applicant is over the age of eighteen years;
2. The required application fee has been paid;
3. The proposed use complies with the development and design requirements of the underlying zoning district in which it is located and with the applicable development standards of this chapter;
4. The proposed site is not located within a three hundred-foot radius from any existing residential zoning district or use. The distance between a proposed adult-oriented business use and a residential zoning district or use shall be measured from the nearest exterior wall of the facility housing the adult-oriented business use or proposed adult-oriented business use to the nearest property line included within a residential zoning district or property in current residential use, along a straight line extended between the two points;
5. That the proposed site is not located within five hundred feet of any other adult-oriented business as defined in this chapter which is located either inside or outside the jurisdiction of the city. The distance between the two adult-oriented business uses shall be measured between the nearest exterior wall of the facility housing the adult-oriented business use and proposed adult-oriented business use along a straight line extended between the two points;
6. The proposed site is not located within five hundred feet from any existing park, playground, church, or school uses or property zoned open space (OSC or OSR) or public facilities (PF). The distance between a proposed adult-oriented business use and park, playground, church, or school uses or property zoned open space (OSC or OSR) or public facilities (PF), shall be measured from the nearest exterior wall of the facility housing the adult-oriented business use or proposed adult-oriented business use to the nearest property line where the park, playground, church, or school use or property zoned open space (OSC or OSR) or public facilities (PF) is located, along a straight line extended between the two points;
7. The proposed site is not located within three hundred feet of a residential zoning district or use or within five hundred feet of a park, playground, church, or school use located in or property so designated in the general plan land use element of an adjacent jurisdiction; and
8. Neither the applicant, if an individual, or any of the officers or general partners, if a corporation or partnership, have been found guilty or pleaded nolo contendere (no contest) within the past four years of a misdemeanor or a felony classified by the state as a sex or sex-related offense.
B. Conditions Imposed on the Permit. Any conditions imposed upon the permit shall be in keeping with the objective development standards of this chapter and the underlying zoning district in which the property is located. (Ord. 766 § 2 Exh. A (part), 2004).
17.40.110 Registration of new employees.
A. Employee Registration Required. As a further condition of approval of every adult-oriented business permit issued in compliance with this chapter, every owner or operator of an adult-oriented business shall register every employee with the police department within five business days of the commencement of the employee’s period of employment at the adult-oriented business.
B. Color Photographs and Other Information Required. Each employee shall be required to provide two recent colored, passport-quality photographs and, at the discretion of the police chief, shall allow himself or herself to be fingerprinted by the police department for purposes of identification. In addition, each new employee shall provide the following information in a form provided by the police department:
1. Name, current resident address, and telephone number;
2. Date of birth;
3. Social security number;
4. Height, weight, color of eyes and hair; and
5. Stage name, if applicable, and other aliases used within the previous two years.
C. Current Employee Register Required. Each owner or operator of an adult-oriented business shall maintain a current register of the names of all employees currently employed by the adult-oriented business, and shall disclose the registration for inspection by any police officer for the purposes of determining compliance with the requirements of this section.
D. Failure to Comply. Failure to register each new employee within five days of the commencement of employment, or to maintain a current register of the names of all employees is a violation of the conditions of the adult-oriented business permit and may be considered grounds for suspension or revocation of the permit. (Ord. 766 § 2 Exh. A (part), 2004).
17.40.120 Adult-oriented business development standards.
A. Unlawful Hours of Operation. It is unlawful for any operator or employee of an adult-oriented business to allow the adult-oriented business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of ten p.m. and ten a.m. of any day.
B. Compliance with Building and Fire Regulations. Maximum occupancy load, fire exits, aisles, and fire equipment shall be regulated, designed, and provided in compliance with the fire district and building regulations and standards adopted by the city.
C. Observation of Activities or Materials Outside Prohibited. No adult-oriented 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 the establishment. This provision shall apply to any display, decoration, sign, 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.
D. Outdoor Lighting Level Required. All off-street parking areas and other exterior areas of the adult-oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one footcandle of light evenly distributed at ground level. The required lighting level is established in order to provide sufficient illumination of the parking areas, walkways, and outdoor areas serving the adult-oriented business 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. All Areas Shall be Readily Accessible. The operator of an adult-oriented business shall not permit any doors on the premises to be locked during business hours and, in addition, the operator shall be responsible to see that any room or area on the premises shall be readily accessible at all times and shall be open to view in its entirety for inspection by any law enforcement official.
F. Posting of California Penal Code Section 314 Required. The adult-oriented business shall post in plain view inside the front portion of the business, a sign, in two-inch print which shall reference California Penal Code Section 314 which shall read as follows:
1. Every person who willfully and lewdly either: (1) exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or (2) procures, counsels, or assists any person so as to expose himself or take part in any model artist exhibition, or to make any other exhibition of himself to public view or the view of any number of persons, which is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor.
2. Upon the second and each subsequent conviction under Subparagraph 1., above, or upon a first conviction under Subparagraph 1., above after a previous conviction under [California Penal Code] Section 288, every person so convicted is guilty of a felony, and is punishable by imprisonment in State prison. “California Penal Code Section 314."
G. Open to View by Management. All indoor areas of the adult-oriented business within which patrons are permitted, except restrooms and customer changing rooms, if any, shall be open to view by the management at all times.
H. Additional “Adult Arcade” Provisions. Any adult-oriented business which is also an “adult arcade,” shall comply with the following additional provisions:
1. The interior of the premises shall be configured in so 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 and customer changing rooms. Restrooms and customer changing rooms may not contain video reproduction equipment. If the premises has two or more manager’s stations designated, then the interior of the premises shall be configured so that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this subsection shall be direct line of sight from the manager’s station.
2. The view area specified in subsection (H)(1) of this section shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. 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.
3. No viewing room or changing room may be occupied by more than one person at any one time.
4. The walls or partitions between viewing rooms or booths, changing rooms, restrooms, and stalls or spaces contained therein shall be maintained in good repair at all times, with no holes between any two of the rooms that would allow viewing from one booth or room into another or that would allow physical contact of any kind between the occupants of any two of the booths or rooms.
5. Customers, patrons, or visitors who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing, shall not be allowed to stand idly by in the vicinity of any video booths, or to remain in the common area of the business, other than the restrooms. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.
6. The floors, seats, walls, and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen, or saliva in any of the booths shall be evidence of improper maintenance and inadequate sanitary controls; instances of these conditions may justify suspension or revocation of the adult-oriented business permit.
I. Indoor Lighting Level Required. All interior areas of the adult-oriented business shall be illuminated at a minimum of the following footcandles, minimally maintained and evenly distributed at ground level:
|
Location |
Minimum Illumination Level (footcandles) |
|---|---|
|
Adult arcades |
10 |
|
Bookstores and other retail establishments |
20 |
|
Modeling studios |
20 |
|
Motels/hotels |
20 in public areas |
|
Theaters and cabarets |
5, except that a minimum of 1.25 shall be required during performances |
J. Separate Restrooms Required. The adult-oriented business shall provide and maintain separate restrooms for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using a restroom for females, and female patrons and employees shall be prohibited from using a restroom for males, except to carry out duties of repair, maintenance, and cleaning of the restroom facilities. The restrooms shall be free from any adult-oriented material. Restrooms shall not contain television monitors or other motion picture or video projection, recording, or reproduction equipment. The foregoing provisions of this subsection shall not apply to an adult-oriented business that deals exclusively with sale or rental of sexually oriented material or merchandise that is not used or consumed on the premises and which does not provide restroom facilities to its patrons or the general public.
K. Additional Requirements for Live Entertainment. The following additional requirements shall pertain to adult-oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities, except for businesses regulated by the Alcoholic Beverage Control Commission:
1. No employee, owner, operator, responsible managing employee, manager, or permittee of an adult-oriented businesses providing live entertainment shall allow any person below the age of eighteen years upon the premises or within the confines of the business if no alcoholic beverage is served, or under the age of twenty-one if alcoholic beverages are served.
2. No entertainer shall dance with or otherwise be within four feet of a patron while performing for compensation or while on the adult-oriented businesses premises. This four-foot separation shall be marked by a railing or other physical barrier designed to obstruct any contact between the entertainer and the patron(s).
3. No owner, operator, responsible managing employee, manager, or permittee shall permit or allow at licensed premises any patron to approach within four feet of an entertainer, or permit or allow an entertainer to approach within four feet of a patron.
4. All employees, other than entertainers while performing, shall, at a minimum while on or about the licensed premises, wear an opaque covering which covers their specified anatomical areas.
5. The adult-oriented business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers’ use.
6. The adult-oriented business shall provide an entrance/exit for entertainers which is separate from the entrance/exit used by patrons.
7. The adult-oriented business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If a separate access is not physically feasible, the adult-oriented business shall provide a minimum three-foot-wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence, or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.
8. 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 the entertainer. This subsection shall only apply to physical contact on the premises of the adult-oriented business.
9. No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit any pay or gratuity from any patron.
L. Security Guards Required. Adult-oriented businesses shall employ security guards in order to maintain the public peace and safety, consistent with the following standards:
1. Adult-oriented businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than thirty-five persons, an additional security guard shall be on duty.
2. All adult-oriented businesses shall have a responsible person who shall be at least eighteen years of age and shall be on the premises to act as manager at all times during which the business is open. The individual designated as the on-site manager shall be registered with the police chief by the owner to receive all complaints and be responsible for all violations taking place on the premises.
3. All adult-oriented businesses shall provide a security system that visually records and monitors the exterior premises of the property including all parking lot areas, or in the alternative, uniformed security guards to patrol and monitor the exterior premises of the property, including the parking lot areas during all business hours. A sign indicating compliance with this provision shall be posted on the premises. The sign shall not exceed two by three feet and shall at a minimum be one foot by one and one-half feet.
4. Security guards shall be uniformed in 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 in compliance with this subsection shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager’s station while acting as a security guard.
M. X-rated Movies or Videos. The availability of X-rated movies or videos shall be restricted only to persons over eighteen years of age. If an establishment that is not otherwise prohibited from providing access to persons under eighteen years of age sells, rents, or displays videos or other motion picture media that have been rated “X” or rated “NC-17” by the motion picture rating industry (MPAA), or which have not been submitted to the MPAA for a rating, and which consist of images which are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, the videos shall be located in a specific section of the establishment where persons under the age of eighteen shall be prohibited. All access to sexually oriented material or merchandise shall be restricted to persons over eighteen years of age.
N. Disposal in Locked Garbage Receptacles Only. Any and all sexually oriented materials or sexually oriented merchandise discarded by an adult-oriented business shall be fully contained within a locked garbage receptacle at all times so that minors are not exposed to sexually oriented materials or sexually oriented merchandise.
The foregoing applicable requirements of this section shall be deemed conditions of adult-oriented business permit approvals, and failure to comply with every requirement shall be grounds for revocation of the permit issued in compliance with these regulations. (Ord. 766 § 2 Exh. A (part), 2004).
17.40.130 Display of permit.
Each adult-oriented business shall display at all times during business hours the adult-oriented business permit issued in compliance with the provisions of this chapter for an adult-oriented business in a conspicuous place so that the same may be readily seen by all persons entering the adult-oriented business. (Ord. 766 § 2 Exh. A (part), 2004).
17.40.140 Persons under eighteen prohibited.
It is unlawful for any permittee, operator, or other person in charge of any adult-oriented business to employ, or provide any service for which it requires an adult-oriented business permit, to any person who is not at least eighteen years of age. (Ord. 766 § 2 Exh. A (part), 2004).
17.40.150 Transfer of adult-oriented business regulatory permits.
A. Only at Approved Address. A permittee shall not operate an adult-oriented business under the authority of an adult-oriented business permit at any place other than the address of the adult-oriented business stated in the application for the adult-oriented permit.
B. No Transfer Without Permit Amendment. A permittee shall not transfer ownership or control of an adult-oriented business or transfer an adult-oriented business permit to another person unless and until the transferee obtains an amendment to the permit from the commission stating that the transferee is now the permittee. The amendment may be obtained only if the transferee files an application with the commission in compliance with Sections 17.40.040 (Adult-oriented business permit required) and 17.40.050 (Application requirements) of this chapter, accompanies the application with a transfer fee as set forth in the city’s fee schedule, and the commission determines in compliance with Sections 17.40.060 through 17.40.100 that the transferee would be entitled to the issuance of an original adult-oriented business permit. The transfer fee shall be paid in lieu of the filing fee required by Section 17.40.050 of this chapter.
C. No Transfer When Subject to Suspension or Revocation. No adult-oriented business permit may be transferred when the permittee has been notified that the adult-oriented business permit has been or may be suspended or revoked.
D. No Transfer in Violation of this Section. Any attempt to transfer an adult-oriented business permit either directly or indirectly in violation of this section is declared void, and the adult-oriented business permit shall be deemed revoked. (Ord. 766 § 2 Exh. A (part), 2004).
17.40.160 Permit revocation.
A. Findings Required for Revocation. Any adult-oriented business permit issued in compliance with the provisions of this chapter may be revoked by the city on the basis of any of the following:
1. The business or activity has been conducted in a manner which violates one or more of the conditions imposed upon the issuance of the permit or which fails to conform to the plans and procedures described in the application, or which violates the occupant load limits for the building in which the use is located set by the fire marshal;
2. The permittee has misrepresented a material fact in the application for permit or in any report required to be filed with the city or has not answered each question in the application truthfully;
3. The permittee has failed to obtain or maintain all required city, county, and state licenses and permits;
4. The permit is being used to conduct an activity different from that for which it was issued;
5. The building or structure in which the adult-oriented business is conducted is hazardous to the health or safety of the employees or patrons of the business or of the general public under the standards set forth in the Uniform Building, Uniform Plumbing, or Uniform Fire Code;
6. The permitted business creates sound levels which violate the city’s noise regulations (Section 17.30.050);
7. The permittee, if an individual, or any of the officers or general partners, if a corporation or partnership is found guilty or pleaded nolo contendere to a misdemeanor or felony classified by the state as a sex or sex-related offense during the period of the adult-oriented business’ operation;
8. The permittee, employee, agent, partner, director, stockholder, or manager of an adult-oriented business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult-oriented business:
a. Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation,
b. Use of the adult-oriented business site as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur,
c. Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code,
d. The occurrence of acts of lewdness, assignation, or prostitution including any conduct constituting violations of California Penal Code Sections 315, 316, 318, or 647(b),
e. Any act constituting a violation of provisions of the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including, but not limited to, Sections 311 through 313.4, or
f. Any conduct prohibited by this chapter;
9. Failure to abide by any action previously imposed by an appropriate city official; and
10. The use for which the approval was granted has ceased to exist or has been suspended for one hundred eighty days or more.
B. Transmittal of Notice. Written notice of hearing on the proposed permit revocation, together with written notification of the specific grounds of complaint against the permittee shall be personally delivered or sent by certified mail to the permittee at least ten days before the hearing.
C. Relevant Evidence. The commission shall hold a public hearing on the proposed revocation of the permit. Notice of the public hearing shall be given in compliance with California Government Code Section 65091, as the same may be amended from time to time. In reaching a decision on the proposed revocation, the commission shall not be bound by the formal rules of evidence. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.
D. Commission’s Action. The commission shall revoke, not revoke, or not revoke but add additional conditions to, the permittee’s adult-oriented business permit. Any additional conditions imposed upon the permit shall be in keeping with the objective development standards of this chapter and the underlying zoning district in which the property is located.
E. Transmittal of Commission’s Decision. The commission’s decision shall be in writing, and shall be hand-delivered or mailed to the applicant and mailed to all property owners within three hundred feet of the use.
F. Decision Within Thirty Days. The commission shall make its final decision within thirty days of the public hearing.
G. Appeal of Commission’s Decision. Any interested person may appeal the decision of the commission to the council in writing within ten days after the commission’s written decision. In addition, within ten days after the commission’s written decision, any member of the council shall have the authority to direct that the council review the decision of the commission on the grounds that the individual council member believes that the matter should be decided by the council.
H. De Novo Public Hearing. Consideration of an appeal of the commission’s decision shall be at a de novo public hearing which shall be noticed in the same manner as the public hearing of the commission and shall occur within thirty days of the filing of the appeal or initiation of review by the council. In reaching its decision, the council shall not be bound by the formal rules of evidence. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.
I. Council’s Action on Appeal. The council action on the appeal of the commission’s decision shall be by a majority vote of the quorum, and upon the conclusion of the public hearing, the council shall revoke, not revoke, or not revoke but add additional conditions to, the permittee’s adult-oriented business permit. Any additional conditions imposed upon the permit shall be in keeping with the objective development standards of this chapter and the underlying zoning district in which the property is located. The council’s decision shall be final and conclusive.
J. No New Permit Within Twelve Months After Revocation. In the event a permit is revoked pursuant to this chapter, another adult use development permit to operate an adult business shall not be granted to the permittee within twelve months after the date of the revocation. (Ord. 766 § 2 Exh. A (part), 2004).
17.40.170 Violations.
Any person who violates any section of this chapter is guilty of a misdemeanor and is subject to a fine and/or imprisonment in compliance with the limits set forth in California Government Code Section 36901, as it may be amended from time to time, or any other legal remedy available to the city. (Ord. 766 § 2 Exh. A (part), 2004).
17.40.180 Applicability to other regulations.
The provisions of this chapter are not intended to provide exclusive regulation of the adult-oriented business uses. These uses shall comply with any and all applicable regulations imposed in other articles of this land use code, other city ordinances, and state and federal law. (Ord. 766 § 2 Exh. A (part), 2004).
17.40.190 Conduct constituting a public nuisance.
The conduct of any business within the city in violation of any of the terms of this chapter is found and declared to be a public nuisance, and the city attorney or the district attorney may, in addition or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal, and enjoinment thereof, in the manner provided by law; and shall take other steps and shall apply to other courts as may have jurisdiction to grant relief that will abate or remove the adult-oriented business and restrain and enjoin any person from conducting, operating, or maintaining an adult-oriented business contrary to the provisions of this chapter. (Ord. 766 § 2 Exh. A (part), 2004).
17.40.200 Inspections.
An applicant or permittee shall permit representatives of the police department, health department, planning department, or other city departments or agencies to inspect the premises of an adult-oriented business for the purpose of ensuring compliance with the law and the development standards applicable to adult-oriented businesses, at any time it is occupied or opened for business. A person who operates an adult-oriented business or his or her agent or employee is in violation of the provisions of this section if he or she refuses to permit the lawful inspection of the premises at any time it is occupied or open for business. (Ord. 766 § 2 Exh. A (part), 2004).