Chapter 4.30
ADULT-RELATED BUSINESSES
Sections:
Article I. General Provisions
4.30.010 Health and safety requirements.
4.30.015 Operating requirements.
4.30.020 Inspection by government officials.
Article II. Licenses and Permits
4.30.100 Special business license required.
4.30.115 Revocation or suspension of special business license.
4.30.120 Owner responsibility.
4.30.125 Employee permits required.
4.30.130 Employee permit application.
4.30.135 Employee permit issuance.
4.30.140 Suspension and revocation of employee permits.
Article I. General Provisions
4.30.000 Purpose.
There has been a proliferation throughout the region of adult-related businesses, such as escort services, introductory services, public bathhouses, and similar businesses which offer patrons services or entertainment of an adult character. There has been a demonstrable relationship between prostitution, human trafficking and drug-related crime, and the adult-related businesses regulated by this chapter. Such businesses have been known to operate as fronts for houses of prostitution, human trafficking operations and illegal drug-related transactions. Past regulation by the regional governments of some of these businesses has been unsuccessful because the businesses evade regulations by changing their names to indicate different ownership, objects or purposes from the types of businesses regulated.
A system of requiring regulatory licenses for adult-related businesses and for those persons rendering services to customers will assist in assuring illegal activities do not occur on the premises or otherwise in connection with the business within the City. If criminal activity occurs on the premises, or if other provisions of this chapter are violated, the licenses are subject to suspension and/or revocation. Criminal liability also exists for a violation of this chapter. These provisions will provide the Chief of Police with both preventative and investigatory tools to control illegal activity in such businesses, and will promote and protect the public health, safety and welfare.
By the definition of “adult-related businesses” contained in EGMC Section 4.30.005, it is the intent of the City Council to prevent evasion of the provisions of this chapter through the device of calling the business by a new or different name. [Ord. 7-2015 §3 (Exh. A), eff. 5-8-2015]
4.30.005 Definitions.
The definitions contained in this section shall govern the construction of this chapter.
A. “Adult-related business” means a bathhouse, escort service, introductory service, or out-call service, or similar business, as defined by this chapter. “Adult-related business” does not include an “adult-oriented business” as defined and regulated in EGMC Chapter 4.31, nor does it include a “massage business” as defined and regulated in EGMC Chapter 4.32.
B. “Adult-related establishment” means a fixed location where an adult-related business is regularly conducted, excluding those locations where adult-related services are provided on an out-call basis.
C. “Adult-related service” means any service which may be provided by an adult-related business.
D. “Bathhouse” means an adult-related establishment whose primary business is to provide, for compensation, access to any kind of bath facility, including, but not limited to, showers, saunas and hot tubs.
E. “Client” means a person who pays consideration for, and/or receives, services from an adult-related business.
F. “Compensation” or “consideration” means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.
G. “Employed” or “retained by” shall include, without limitation:
1. Any person who is a directly paid employee of an adult-related business;
2. Any person whose association with an adult-related business is that of an independent contractor who receives compensation in exchange for any service rendered to or for the adult-related business or any of its clients;
3. Any person who receives a referral of clients from an adult-related business and who at any time before the referral or thereafter compensates the adult-related business for the referral, regardless of whether the parties involved acknowledge that consideration is flowing in exchange for the referral or record such consideration in their financial records.
H. “Employee” means any person employed or retained by an adult-related business.
I. “Escort services,” in relation to the following terms, shall be ascribed the following meanings:
1. “Escort bureau” means a business which, for compensation, furnishes or offers to furnish escorts;
2. “Escort” means a person who, for compensation, either escorts or accompanies others to or about social affairs, entertainment or places of amusement, or keeps company with others.
J. “Introductory service” means a business which, for compensation, will help persons to meet or become acquainted with others for social purposes. For purposes of this section, “others” include personnel of the introductory service.
K. “Manager” means a person who supervises, manages, directs, organizes, controls, or in any other way is responsible for or in charge of the conduct of the activities within the adult-related business.
L. “Out-call service” means the engaging in or carrying on of services provided by an adult-related business for compensation in a location other than at an adult-related establishment.
M. “Owner” means any person with majority ownership interest in the adult-related business, and any part-owner who is actively involved in the operations of the adult-related business.
N. “Reception area” means the area immediately inside the front door of the adult-related establishment dedicated to the reception and waiting of clients and visitors of the adult-related establishment, which is not a therapy room or otherwise used for the provision of services.
O. “Sole proprietorship” means an adult-related business where the owner owns one hundred (100%) percent of the business, is the only person who provides adult-related services for compensation for that business pursuant to a valid and active license issued in accordance with this chapter, and has no other employees.
P. “Solicit” means to request, ask, demand or otherwise arrange for the provision of services. [Ord. 7-2015 §3 (Exh. A), eff. 5-8-2015]
4.30.010 Health and safety requirements.
The following health and safety requirements shall be applicable to all adult-related businesses within the City of Elk Grove:
A. Bathhouses shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens. Clean towels, coverings and linens shall be stored in enclosed cabinets marked “Clean Linen.” Towels and linens shall not be used on more than one (1) client, unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one (1) client. Soiled linens and towels shall be deposited in separate receptacles marked “Soiled Linen.”
B. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, tanning booths, whirlpool baths and pools shall be thoroughly cleaned and disinfected as often as needed, but at a minimum of once each day the premises is open and/or operating, with a hospital grade disinfectant. Bathtubs shall be thoroughly cleaned after each use with a hospital grade disinfectant. All walls, ceilings, floors, and other facilities for the business must be in good repair, and maintained in a clean and sanitary condition. Instruments utilized in performing services shall not be used on more than one (1) client unless they are clean and have been sterilized prior to use on the client, using sterilization methods that ensure the sanitation of the instruments.
C. No person shall enter, be, or remain in any part of an adult-related establishment while in possession of an open container of alcohol without the adult-related establishment possessing proper licensing through the California Department of Alcoholic Beverage Control. No person shall enter, be, or remain in any part of an adult-related establishment while in possession of controlled substances, except pursuant to a valid prescription for such medications. The owner, manager, or responsible managing employee shall not permit any such person in violation of this subsection to enter or remain upon the premises of the adult-related establishment.
D. Adult-related establishments shall provide clients with adequate dressing, locker and toilet facilities. All locker facilities that are provided for the use of clients shall be fully secured for the protection of the clients’ valuables, and clients shall be given control of the key or other means of access.
E. All liquids, creams, and other preparations used for, or made available to clients, at the adult-related establishments shall be maintained in clean, sanitary and closed containers. Powders may be kept in clean shakers. All bottles and containers shall be distinctly and correctly labeled to disclose their contents. When only a portion of a liquid, cream or other preparation is to be used on or made available to the client, it shall be removed from the container in such a way as not to contaminate the remaining portion or otherwise introduce bacteria or other matter.
F. Beds, floor mattresses, waterbeds and similar furnishings are not permitted on the premises of any adult-related business. This subsection shall not apply to a private residence or multi-unit temporary or permanent dwelling such as apartments or hotels, except as otherwise prohibited by state or local laws.
G. No person afflicted with an infection or parasitic infestation capable of being transmitted to a client shall remain on the premises of an adult-related establishment while so infected or infested. Infections or parasitic infestations capable of being transmitted to a client include, but are not limited to: 1) cold, influenza or other respiratory illness which may or may not be accompanied by a fever, for seven (7) days after illness onset or until twenty-four (24) hours after the cessation of symptoms, whichever is longer; 2) streptococcal pharyngitis (“strep throat”), until twenty-four (24) hours after treatment has been initiated and twenty-four (24) hours after the cessation of symptoms; 3) purulent conjunctivitis (“pink eye”), until examined by a physician and approved for return to work; 4) pertussis (“whooping cough”), until five (5) days of antibiotic therapy have been completed; 5) varicella (“chicken pox”), until the sixth (6th) day after onset of rash or sooner if all lesions have dried and crusted; 6) mumps, until nine (9) days after onset of parotid gland swelling; 7) tuberculosis until a physician or local health department authority states that the person is noninfectious; 8) impetigo (bacterial skin infection), until twenty-four (24) hours after treatment has begun; 9) pediculosis (“head lice”), until there is no further infestation; and 10) scabies (“crabs”), until after treatment has been completed. Blood-borne diseases, such as HIV/AIDS and hepatitis B (HBV), shall not be considered infectious or communicable diseases for the purpose of this subsection.
H. No person or persons shall be allowed to live inside an adult-related establishment at any time. All living quarters shall be separate from the adult-related establishment. This subsection shall not apply to a private residence or multi-unit temporary or permanent dwelling such as apartments or hotels, except as otherwise prohibited by state or local laws. [Ord. 7-2015 §3 (Exh. A), eff. 5-8-2015]
4.30.015 Operating requirements.
The following operating requirements shall be applicable to all adult-related businesses within the City of Elk Grove:
A. Adult-related services within an adult-related establishment shall be provided or given only between the hours of 8:00 a.m. and 10:00 p.m., unless the Chief of Police determines shorter hours of operation are necessary as a condition of any special business license in order to protect the health, safety and general welfare of the public. No adult-related establishment shall be open and no adult-related services shall be provided between 10:00 p.m. and 8:00 a.m. Adult-related services shall terminate by 10:00 p.m. For adult-related services provided within an adult-related establishment, all clients must exit the adult-related establishment by 10:00 p.m. Adult-related businesses must inform clients of the requirement that services must cease, and the premises vacated by the client, by no later than 10:00 p.m. each day. For adult-related establishments, the hours of operation must be posted so that they are clearly visible from the outside of the adult-related establishment.
B. A list of the services available and the cost of such services shall be posted in the reception area within the adult-related establishment, and shall be described in English and other such languages as necessary to communicate services to clients. No owner, manager, or responsible managing employee shall permit, and no employee shall offer, solicit or perform, any service other than those posted or listed as required herein, nor shall an employee request or charge a fee for service other than the fee stated on the list of services.
C. Each adult-related business shall be managed at all times by a person employed or retained by the business who is familiar with the requirements of this chapter, and capable of communicating the provisions of this chapter to clients and persons employed or retained by the adult-related business. The adult-related business shall post, on a daily basis and in a conspicuous place in the reception area, the name of the manager on duty. An adult-related business shall not be deemed “managed” as required by this subsection unless the manager has the authority and responsibility to supervise persons employed or retained by the adult-related business to perform adult-related services and to supervise the delivery of adult-related services.
D. Every adult-related business must maintain a register, in writing, of all persons employed or retained by the adult-related business. The register must contain the full legal names of all persons employed or retained by the adult-related business, and include any aliases and assumed names used, home addresses, birth dates, telephone numbers, dates of employment and termination, if any, and the duties of each person. A complete register of all required information must be maintained at the adult-related business at all times in English, and retained for a period of at least two (2) years following an employee’s separation from the adult-related business. The register must be available by the adult-related business for inspection by representatives of the City during regular business hours.
E. For each adult-related service provided, every adult-related business shall keep a complete and legibly written record in the English language of the following information: 1) the date and hour that service was provided; 2) the adult-related service(s) received; 3) the name of the employee or other retained person entering the information; and 4) the name of the employee or other retained person administering the adult-related service. Such records shall be available for inspection by representatives of the City. Such records shall be retained by the adult-related business for a period of two (2) years from the date the adult-related service was provided.
F. It shall be unlawful for the owner, manager, or any other person in charge of an adult-related business to employ or retain any person who is under eighteen (18) years of age to perform any service on or off the premises of the adult-related establishment, or in relation to the adult-related business.
G. All persons working in or for an adult-related business shall be fully clothed at all times while on the premises of the establishment and/or while provided adult-related services as part of an out-call service. Clothing shall be clean, fully opaque, of nontransparent material without holes, and provide complete coverage from mid-thigh to three (3") inches below the collar bone with the exception of the shoulders and arms. The midriff shall not be exposed.
H. No adult-related business shall place, publish or distribute, or cause to be placed, published or distributed, any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective clients that any service is available other than those services listed as an available service pursuant to this chapter, nor shall any adult-related business employ language in the text of such advertising that would reasonably suggest to a prospective client that any service is available other than those services listed as an available service pursuant to this chapter.
I. No services may be provided in an adult-related establishment within any cubicle, booth, or other area which is fitted with a door capable of being locked. The premises’ exterior doors and the doors separating the entrance area from the remainder of the premises must remain unlocked during business hours, unless there is no staff available to assure the security of the clients and employees who are behind closed doors.
J. No adult-related establishment located in a building or structure with exterior windows fronting a public street, highway, walkway or parking area shall block visibility into the interior entrance area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs or unreasonably darkens the view into the premises.
K. Lighting consisting of at least one (1) artificial light of not less than four hundred fifty (450) lumens shall be provided and shall be operating in each room or enclosure where services are being performed, and in all areas where clients are present.
L. All adult-related establishments shall comply with all state and federal laws and regulations for clients with disabilities.
M. All signs shall be in conformance with the Elk Grove Municipal Code.
N. No electrical, mechanical, or artificial device shall be used by the owner, manager, or any employee of the adult-related business for audio and/or video recording or for monitoring the services or conversation or other sounds inside the adult-related establishment without first obtaining the informed, express written consent of the client.
O. No service shall be administered to a client that results in intentional contact, or occasional and repetitive contact, with the genitals, anal region, or the female breasts.
P. No act of prostitution, as that term is defined in the California Penal Code, shall occur at an adult-related establishment and/or through an adult-related business and/or while providing adult-related services.
Q. No sexual activity shall occur at an adult-related establishment and/or through an adult-related business and/or while providing adult-related services. [Ord. 7-2015 §3 (Exh. A), eff. 5-8-2015]
4.30.020 Inspection by government officials.
All adult-related businesses shall permit representatives of the City to conduct a reasonable inspection of the public areas of and areas otherwise open to plain view on or within the premises, to the extent allowed by law, during the regular business hours of the adult-related business, for the purpose of ensuring compliance with State and local law, including, but not limited to, compliance with the requirements of this chapter and other applicable fire and health and safety requirements. [Ord. 7-2015 §3 (Exh. A), eff. 5-8-2015]
Article II. Licenses and Permits
4.30.100 Special business license required.
It shall be unlawful for any person to operate or conduct an adult-related business unless under and by authority of a valid, unexpired and unrevoked special business license issued pursuant to the provisions of EGMC Chapter 4.10 and this chapter. [Ord. 7-2015 §3 (Exh. A), eff. 5-8-2015]
4.30.105 Display of license.
A. Each adult-related business shall display the special business license in a conspicuous place within the establishment so that the same may be readily seen by persons entering the premises.
B. A person engaged in an out-call service and/or away from the adult-related establishment who is the licensee for such service shall have the license available for inspection at all times while providing out-call services. [Ord. 7-2015 §3 (Exh. A), eff. 5-8-2015]
4.30.110 License application.
A. In addition to the matters prescribed by EGMC Section 4.10.030, an application for an adult-related business special business license shall contain the following:
1. Legal name of the business;
2. Address and telephone number of the business;
3. The form of business under which the business will be operating (i.e., corporation, general or limited partnership, limited liability company, or other form);
4. Legal names of all owners of the business;
5. Residence addresses and telephone numbers for all owners of the business;
6. Business address and telephone number of all owners of the business;
7. The owner’s business, occupation, and employment history for the five (5) years preceding the date of the application; the inclusive dates of such employment history; and the name and address of any business owned or operated by the individual whether inside or outside the City;
8. For all owners, a copy of a valid and current driver’s license and/or identification issued by a State or Federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government;
9. For all owners, a signed statement that all of the information contained in the application is true and correct, that all owners shall be responsible for the conduct of the business’s employees, and acknowledgment that failure to comply with any local, State, or Federal law may result in suspension or revocation of the business’s special business license;
10. A list of each criminal conviction for each owner applicant. The list shall, for each such conviction, set forth the date of arrest, the offense charged and the offense for which the applicant was convicted.
B. Each owner of the adult-related business shall submit to a criminal history background check.
C. The Chief of Police may require the adult-related business in its application for a special business license, or for the renewal of a special business license, to provide relevant information to the activities of the business regulated by this chapter, and make reasonable investigations into the information so provided.
D. No application for a special business license shall be accepted within one (1) year after the same applicant’s application for a special business license or renewal has been denied, or a licensee’s special business license has been revoked or suspended.
E. For a period of one (1) year commencing as of the date the special business license was suspended and/or revoked, no adult-related business shall be established at a location where another adult-related business located at that location had its special business license suspended and/or revoked. [Ord. 7-2015 §3 (Exh. A), eff. 5-8-2015]
4.30.115 Revocation or suspension of special business license.
Notwithstanding EGMC Chapter 4.10, the Chief of Police may deny, revoke, restrict or suspend a special business license if an owner, employee, or other representative of the business or establishment has committed a violation of this chapter or of any other law. [Ord. 7-2015 §3 (Exh. A), eff. 5-8-2015]
4.30.120 Owner responsibility.
For the purpose of enforcement of the requirements of this chapter, all owners of the adult-related business shall be responsible for the conduct of all persons employed by the adult-related business while on the premises of the adult-related establishment and while otherwise providing services on behalf of the adult-related business. [Ord. 7-2015 §3 (Exh. A), eff. 5-8-2015]
4.30.125 Employee permits required.
A. It shall be unlawful for any person to be employed or retained by an adult-related business without possessing a valid, unexpired and unrevoked employee permit issued pursuant to the provisions of EGMC Chapter 4.10 and this chapter.
B. It shall be unlawful for the owner and manager of any adult-related business to employ or retain a person unless such person possesses an employee permit issued by the City of Elk Grove.
C. Each employee of, and person retained by, an adult-related business shall have their employee permit available for inspection at all times during working hours when inside the adult-related establishment, and when providing out-call services for the adult-related business.
D. Independent contractors may be exempt from possessing an employee permit; provided, that such person possesses a valid, unexpired and unrevoked special business license pursuant to the provisions of EGMC Chapter 4.10 and this chapter. [Ord. 7-2015 §3 (Exh. A), eff. 5-8-2015]
4.30.130 Employee permit application.
In addition to the matters prescribed by EGMC Section 4.10.080, an application for an employee permit to provide adult-related services shall contain the following:
A. The applicant’s business, occupation and employment history for the five (5) years preceding the date of the application; the inclusive dates of such employment history; and the name and address of any business owned or operated by the applicant whether inside or outside the City.
B. A copy of a valid and current driver’s license and/or identification issued by a State or Federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government.
C. A list of each criminal conviction of each owner applicant. The list shall, for each such conviction, set forth the date of arrest, the offense charged and the offense in which the applicant was convicted. [Ord. 7-2015 §3 (Exh. A), eff. 5-8-2015]
4.30.135 Employee permit issuance.
Upon receipt of an application for an employee permit for an adult-related business, the Chief of Police shall conduct such investigation pursuant to EGMC Section 4.10.085 as is deemed necessary. The Chief of Police shall issue the permit unless he or she finds pursuant to EGMC Section 4.10.090 any of the following:
A. That the application fails to contain information required by the Chief of Police or EGMC Section 4.30.130, or is otherwise incomplete;
B. That information contained in the application is false or otherwise inaccurate;
C. That the applicant has been convicted of a crime and the time for appeal has elapsed, or when an order granting probation is made suspending the imposition of sentence, irrespective of the entry of a subsequent order under Section 1203.4 of the California Penal Code; or has done any act involving dishonesty, fraud or deceit with intent to substantially benefit himself or herself, or another, or substantially injure another; and the Chief of Police concludes that by reason of the crime or act there is a substantial risk that the applicant would not perform his or her duties in a law-abiding manner or in a manner which would not subject patrons to risk of harm or criminal, deceitful or otherwise unethical practices.
Notwithstanding the foregoing, an application shall not be denied solely on the basis that a person has been convicted of a felony if the person has obtained a certificate of rehabilitation under Section 4852.01 et seq. of the California Penal Code, or that the person has been convicted of a misdemeanor if the person has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person when considering the denial of a license under Section 482(a) of the California Penal Code. [Ord. 7-2015 §3 (Exh. A), eff. 5-8-2015]
4.30.140 Suspension and revocation of employee permits.
In addition to any other grounds for suspension and revocation set forth in this title, an employee permit may be revoked or suspended pursuant to EGMC Section 4.10.140 upon any of the following grounds:
A. Violation of any of the duties, requirements or prohibitions set forth in the Elk Grove Municipal Code or other applicable law;
B. Misrepresentation of a material fact contained in the application for the permit; or
C. That since issuance or renewal of the permit the Chief of Police has acquired information supporting a finding prescribed by EGMC Section 4.30.135 in relation to the holder of the permit. [Ord. 7-2015 §3 (Exh. A), eff. 5-8-2015]
4.30.145 Time for compliance.
All provisions of this chapter shall be deemed enforceable from the effective date of the ordinance codified in this chapter. [Ord. 7-2015 §3 (Exh. A), eff. 5-8-2015]