Chapter 4.31 ADULT-ORIENTED BUSINESSES

It is the intent of this chapter to regulate adult-oriented businesses in order to promote the health, safety, and general welfare of the residents of the City. The provisions of this chapter have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials and paraphernalia protected by the First Amendment, or denying access by the distributors, exhibitors, and performers of adult-oriented entertainment to their intended market. In addition, the provisions of this chapter have neither the purpose nor effect of condoning or legitimizing the distribution of obscene material. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.31.005 Licenses and registration required.

A. It is a violation of this chapter for any person to engage in, conduct, or carry on, or permit to be engaged in, conducted, 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 a valid adult-oriented special business license issued by the Chief of Police pursuant to this chapter.

B. It is a violation of this chapter for any person who operates an adult-oriented business to employ or permit a person to work for or at the adult-oriented business who does not possess a valid adult-oriented business employee permit issued by the Chief of Police pursuant to this chapter.

C. It is a violation of this chapter for any person to obtain employment with or perform, work for or at an adult-oriented business unless the person first obtains and continues to maintain in full force and effect a valid adult-oriented business employee permit issued by the Chief of Police pursuant to this chapter. These provisions shall not apply to persons exclusively on the premises of the adult-oriented business to render only repair or maintenance services or to deliver equipment or goods to the adult-oriented business as long as such persons are not nude, semi-nude, in a state of nudity, or in a semi-nude condition.

D. It is a violation of this chapter for any person to engage in or participate in any live performance distinguished or characterized by the performance, showing or simulation of specified anatomical areas or involving specified sexual activities in an adult-oriented business unless the person first obtains and continues to maintain in full force and effect a valid adult-oriented business employee permit issued by the Chief of Police pursuant to this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.31.010 Classification.

Adult-oriented businesses are classified as follows:

A. Adult arcades;

B. Adult bookstores (including adult novelty stores or adult video stores);

C. Adult cabarets;

D. Adult motels (including adult hotels);

E. Adult motion picture theaters;

F. Adult theaters;

G. Nude model studios; and

H. Sexual encounter centers. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

Article II. Definitions

4.31.050 Definitions.

The definitions contained in this section shall govern the construction of this chapter.

A. “Adult arcade” means any commercial establishment to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, computer, or other image-producing devices are maintained to show images to four (4) or fewer persons per machine at any one (1) time, and where, as a regular and substantial course of conduct, the images so displayed are distinguished or characterized by an emphasis upon the depiction, description, showing, or simulation of specified sexual activities or specified anatomical areas. The phrase “regular and substantial course of conduct” shall be construed with reference to all relevant factors, including but not limited to the following:

1. The proportion of the business’ displays that is distinguished or characterized by an emphasis upon the depiction, description, showing, or simulation of specified sexual activities or specified anatomical areas.

2. The proportion of the business’ revenue that is attributable to displays that are distinguished or characterized by an emphasis upon the depiction, description, showing, or simulation of specified sexual activities or specified anatomical areas.

B. “Adult bookstore” (including adult novelty store or adult video store) means a commercial establishment which, as a regular and substantial course of conduct, offers for sale or rental for any form of consideration any one (1) or more of the following:

1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, any material in digital format (including, but not limited to, compact disc (CD) or digital video disc (DVD)), slides, or other visual representations which are distinguished or characterized by an emphasis upon the depiction, description, showing, or simulation of specified sexual activities or specified anatomical areas; or

2. Instruments, devices, or paraphernalia, except for clothing, which are designed for use in connection with specified sexual activities.

3. The phrase “regular and substantial course of conduct” shall be construed with reference to all relevant factors, including but not limited to the following:

a. The business devotes more than twenty-five (25%) percent of its retail inventory (not measured by the number of items but rather by the cost to the business owner of the inventory) to merchandise distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas.

b. The business devotes more than twenty-five (25%) percent of the retail floor area to merchandise that is distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas.

c. The retail value of merchandise that is distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas exceeds twenty-five (25%) percent of the total retail value of inventory offered in each of the following categories:

i. Books,

ii. Magazines,

iii. Video tapes or any material in digital format (including, but not limited to, compact disc (CD) or digital video disc (DVD)), for sale or rental,

iv. Novelties and devices, and

v. On-premises viewing of images, films, and/or videos.

d. Gross revenue derived from merchandise in any category set forth in subsection (B)(3)(c) of this section exceeds twenty-five (25%) percent of the total gross revenue for the category.

There is a rebuttable presumption that a business constitutes an adult bookstore, adult novelty store or adult video store where the business offers or advertises merchandise that is distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas as set forth in subsection (B)(3)(c) of this section and fails to make revenue- and inventory-related business records available to the City upon twenty-four (24) hours’ advance notice.

C. “Adult cabaret” means a nightclub, bar, restaurant, or similar commercial establishment which, as a regular and substantial course of conduct, features:

1. Persons who appear in a state of nudity or semi-nude condition; or

2. Live performances which are distinguished or characterized by an emphasis upon the exposure of specified anatomical areas or by specified sexual activities; or

3. Films, motion pictures, video cassettes, any material in digital format (including, but not limited to, compact disc (CD) or digital video disc (DVD)), slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction, description, showing, or simulation of specified sexual activities or specified anatomical areas.

4. The phrase “regular and substantial course of conduct” shall be construed with reference to all relevant factors, including but not limited to the following:

a. The proportion of the business’ performances or services that is distinguished or characterized by an emphasis upon the depiction, description, showing, or simulation of specified sexual activities or specified anatomical areas.

b. The proportion of the business’ revenue that is attributable to performances or services that are distinguished or characterized by an emphasis upon the depiction, description, showing, or simulation of specified sexual activities or specified anatomical areas.

D. “Adult motels” (including adult hotels) means a hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, any materials in digital format (including, but not limited to, compact disc (CD) or digital video disk (DVD)), slides, or other photographic reproductions which, as a regular and substantial course of conduct, are distinguished or characterized by an emphasis upon the depiction, description, showing, or simulation of specified sexual activities or specified anatomical areas; and has any of the following characteristics:

1. A sign visible from the public right-of-way which advertises the availability of the above-described photographic reproductions; or

2. Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

3. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.

E. “Adult motion picture theater” means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, any materials in digital format (including, but not limited to, compact disc (CD) or digital video disk (DVD)), slides, or similar photographic reproductions are regularly shown which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, for observation by five (5) or more patrons at any one (1) time.

The phrase “regularly shown” shall be construed with reference to all relevant factors, including but not limited to the following:

1. The proportion of the theater’s photographic reproductions that is distinguished or characterized by an emphasis upon the depiction, description, showing, or simulation of specified sexual activities or specified anatomical areas.

2. The number of photographic reproductions shown at the theater each month that are distinguished or characterized by an emphasis upon the depiction, description, showing, or simulation of specified sexual activities or specified anatomical areas.

3. The proportion of the business’ revenue that is attributable to entertainment that is distinguished or characterized by an emphasis upon the display or depiction of specified sexual activities or specified anatomical areas.

F. “Adult-oriented business” means any of the following commercial establishments where patrons are permitted or invited: an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, nude model studio, or sexual encounter center. An adult-oriented business does not include those businesses defined and regulated as “adult-related businesses” under EGMC Chapter 4.30.

G. “Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment which as a regular and substantial course of conduct features persons who appear in a state of nudity or semi-nude condition and/or features live performances which are distinguished or characterized by an emphasis upon the exposure of specified anatomical areas or by specified sexual activities.

The phrase “regular and substantial course of conduct” shall be construed with reference to all relevant factors, including but not limited to the following:

1. The proportion of the business’ performances or services that is distinguished or characterized by an emphasis upon the depiction, description, showing, or simulation of specified sexual activities or specified anatomical areas.

2. The proportion of the business’ revenue that is attributable to entertainment that is distinguished or characterized by an emphasis upon the depiction, description, showing, or simulation of specified sexual activities or specified anatomical areas.

H. “Distinguished or characterized by an emphasis upon” means 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, description, showing, or simulation of the enumerated sexual activities or anatomical areas.

I. “Employee” means a person who performs any service on the premises of an adult-oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not such person is paid a salary, wage or other compensation by the operator of the business. “Employee” does not include a person exclusively on the premises of the adult-oriented business to render only repair or maintenance services or to deliver equipment or goods to the adult-oriented business as long as such persons are not in a state of nudity or in a semi-nude condition.

J. “Establishment of an adult-oriented business” means and includes any of the following:

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

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

3. The addition of any adult-oriented business to any other existing adult-oriented business; or

4. The relocation of any adult-oriented business.

K. “Fabric” means cloth made by weaving or knitting natural or synthetic fibers and filaments and, for the purposes of this definition, includes paper, metallic or plastic materials but excludes any material directly painted on a body.

L. “Hotel” means a building or group of buildings containing guestrooms offering transient lodging accommodations to the general public and incidental services that are customarily provided by a hotel, for the convenience of hotel guests, such as food service, recreational facilities, retail services, and banquet, reception and meeting rooms.

M. “Licensee” means a person in whose name a license to operate an adult-oriented business has been issued, as well as the person listed as an applicant on the application for a license.

N. “Motel” means an establishment otherwise defined as a hotel with at least twenty-five (25%) percent of all rooms having direct access to the parking areas without the necessity of persons passing through a main lobby of the building.

O. “Nude model studio” means any place where a person appears semi-nude, in a state of nudity, or displays specified anatomical areas; and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. “Nude model studio” shall not include a proprietary school licensed by the State of California or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:

1. That has no sign visible from the exterior of the structure and no other advertising that indicates a person in a state of nudity or a semi-nude condition is available for viewing;

2. Where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class; and

3. Where no more than one (1) nude or semi-nude model is on the premises at any one (1) time.

P. “Nudity” or “a state of nudity” means the showing of the human male or female genitals, pubic area, anus, or buttocks with less than a fully opaque fabric covering, the showing of the female breast with less than a fully opaque fabric covering of any part of the areola, or the showing of completely or opaquely covered (by fabric) male genitals in a discernibly turgid state.

Q. “Permit” means an authorization issued by the City to a person in whose name a permit has been issued allowing employment in an adult-oriented business.

R. “Person” means an individual, proprietorship, partnership, corporation, association, or other legal entity.

S. “Chief of Police” means the Chief of Police of the City of Elk Grove or the authorized representatives thereof.

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

U. “Sexual encounter center” means a business or commercial enterprise that, as one (1) of its principal purposes, offers for any form of consideration physical contact in the form of wrestling or tumbling between persons of the opposite sex, when one (1) or more of the persons is in a state of nudity or semi-nude condition. The definition of sexual encounter center does not include an establishment where a medical practitioner, physiologist, psychiatrist, or similar professional person licensed by the State engages in medically approved and recognized sexual therapy.

V. “Specified anatomical areas” means and includes the following:

1. Less than completely and opaquely covered by fabric: human genitals or pubic region; human buttocks; human anus; or the female breast below a point immediately above the top of the areola;

2. Human male genitals in a discernibly turgid state, even if completely or opaquely covered by fabric; and

3. Any device, costume, or covering that simulates any of the body parts included in subsection (V)(1) or (2) of this section.

W. “Specified criminal activity” means the following offenses within the State of California, or an offense without the State of California that would have constituted any of the following offenses if committed within the State of California: Sections 243.4, 261, 266a, 266b, 266d, 266e, 266f, 266g, 266h, 2661, 266j, 267, 288, 314.1, 314.2, 315, 316, 318, 653.22 or subdivisions (a), (b) and (d) of Section 647 of the California Penal Code; any offense requiring registration under the provisions of either Section 290 of the California Penal Code or Section 11590 of the California Health and Safety Code; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing, or giving away of a controlled substance specified in Section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code, or as those sections may thereafter be amended or renumbered.

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

1. The fondling or other erotic touching of human genitals, pubic area, buttocks, anus, or female breast;

2. Sex acts, actual or simulated, including, but not limited to, intercourse, oral copulation, or sodomy;

3. Masturbation, actual or simulated;

4. Excretory functions as part of or in connection with any of the other activities described in subsections (X)(1) and (2) of this section.

Y. “Transfer of ownership or control of an adult-oriented business” means and includes any of the following:

1. The sale, lease, or sublease of the adult-oriented business;

2. The transfer of securities which constitute a controlling interest in the adult-oriented business, whether by sale, exchange, or similar means; or

3. The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the adult-oriented business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

Article III. Adult-Oriented Business Licenses

4.31.100 Adult-oriented business license required.

Every person who proposes to maintain, operate, conduct, or establish an adult-oriented business in the City shall file an application with the Chief of Police on a form provided by the City and shall pay a nonrefundable application, investigation, and licensing fee set forth in the schedule of fees established from time to time by the City Council.

A. All applicants must be qualified according to the provisions of this chapter. The application may request and the applicant shall provide such information, including fingerprints, as to enable the Chief of Police to determine whether each applicant meets the qualifications established in this chapter.

B. If a person who wishes to operate an adult-oriented business is an individual, the person must sign the application. If a person who wishes to operate an adult-oriented business is other than an individual, each individual who has a twenty (20%) percent or greater ownership interest in the adult-oriented business must sign the application. Each applicant must be qualified under this chapter and each applicant shall be considered a licensee if a license is granted.

C. The completed application for an adult-oriented business license shall contain the following information and shall be accompanied by the following documents:

1. If the applicant is:

a. An individual, the individual shall state his or her legal name and any aliases and submit proof that he/she is at least eighteen (18) years of age;

b. A partnership, the partnership shall state its complete name, address, e-mail address, if any, and the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any;

c. A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, and the name of the registered corporate agent and the address of the registered office for service of process.

If the applicant is a partnership or corporation, each partner of the partnership or each shareholder of the corporation with twenty (20%) percent or more share of the corporation shall be deemed an individual applicant and must each be qualified under this chapter.

2. If the applicant intends to operate the adult-oriented business under a name other than that of the applicant, the applicant shall register the fictitious name of the adult-oriented business with the appropriate governmental entity and show written proof of registration of the fictitious name.

3. Whether the applicant has been convicted of a specified criminal activity and, if so, the particular California statute section listed in the definition of specified criminal activity, the date, place, and jurisdiction of each.

4. Whether the applicant has ever had a license previously issued under this chapter or its predecessor, or other similar adult-oriented business ordinances from another city or county, denied, suspended or revoked, including the name and location of the adult-oriented business for which the license was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant has been a partner in a partnership or an officer, director or majority stockholder of a corporation that is licensed under this chapter, or its predecessor, whose license has previously been denied, suspended or revoked, including the name and location of the adult-oriented business for which the license was denied, suspended or revoked as well as the date of denial, suspension or revocation.

5. Whether the applicant holds any other licenses under this chapter, or its predecessor, or other similar adult-oriented business ordinance from another city or county, and, if so, the names and locations of such other licensed businesses.

6. The particular adult-oriented business for which the applicant is applying. An applicant must apply separately for each adult-oriented business to be operated, owned, managed, or controlled by the applicant.

7. The address to which notice of action on the application is to be mailed.

8. The location of the adult-oriented business, including a legal description of the property, street address, and telephone number(s), if any.

9. The applicant’s mailing address, residential address, and e-mail address, if any.

10. A recent photograph of the individual applicant.

11. The applicant’s driver’s license number, Social Security number, and, for partnerships or corporation applicants, the applicant’s State or Federally issued tax identification number to the extent the applicant has been issued these items.

12. The names of all employees, independent contractors, and other persons who will work, be employed or perform at the adult-oriented business, who are required by this chapter to obtain an adult-oriented business employee permit.

13. A sketch or diagram showing 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 must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6") inches.

14. A certificate and straight-line drawing, prepared within thirty (30) days prior to application, depicting, without regard to intervening structures or objects, the distance from the closest exterior wall of the building or structure in which the adult-oriented business is located, to the boundary of the property on which is located a building, structure or use, or portion of the building, structure or use, described in, and within the distance specified in, EGMC Section 23.70.040.

15. A diagram of the off-street parking areas and premises entries of the adult-oriented business and showing the location of the lighting system.

D. Every application for a license under this chapter shall be verified as provided in Section 128.7 of the California Code of Civil Procedure for the verification of pleadings.

E. The fact that an applicant possesses other types of State, City or County permits or licenses does not exempt the applicant from the requirement of obtaining an adult-oriented business license. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.31.105 Investigation and action on application.

A. The Chief of Police shall determine whether the application contains all of the information required by the provisions of this chapter. If it is determined that the application is not complete, the applicant shall be notified in writing within ten (10) business days of the date of receipt of the application that the application is not complete and the reasons therefor. The applicant shall have thirty (30) days from the date of the notice to submit additional information to render the application complete. The applicant’s failure to submit the additional information within this time period renders the application null and void. Within five (5) business days following the receipt of a supplemental or amended application, the Chief of Police shall again determine whether the application is complete. Evaluation and notification shall occur as provided above until such time as the application is found to be complete. Once the application is found to be complete, the applicant shall be notified within five (5) business days of that fact. If an applicant submits two (2) consecutive incomplete applications, the applicant shall be notified in writing that a new application must be filed with the Chief of Police as set forth herein.

B. Within three (3) business days after the Chief of Police determines that the application is complete and the required nonrefundable application fee has been submitted, the Chief of Police shall issue a temporary license to the applicant, which shall be valid for the time period during which the license application is being processed, which time period shall not exceed thirty (30) business days from the date the application has been deemed complete. A temporary license issued pursuant to this subsection shall not grant any vested rights on the holder of the temporary license.

C. Within five (5) business days after receipt of a completed application and the required filing fee, the Chief of Police shall transmit copies of the application and its attachments to appropriate City departments.

D. Within thirty (30) business days after receipt of a completed application and the required filing fee, the Chief of Police shall complete the investigation, grant or deny the application in accordance with the provisions of this chapter, and shall notify the applicant as follows:

1. If the application is approved, the Chief of Police will write or stamp “Granted” on the application and date and sign such notation. The Chief of Police shall attach to the application an adult-oriented business license.

2. If the application is denied, the Chief of Police will write or stamp “Denied” on the application and date and sign such notation. The Chief of Police shall attach to the application a statement of the reasons for denial.

3. The documents specified in subsections (D)(1) and (2) of this section shall be placed in the mail, first class postage prepaid, addressed to the applicant at the address specified in the application for receipt of the determination under this chapter. All notices given hereunder shall be deemed given upon the date they are deposited in the mail or the date upon which personal service is provided.

E. The Chief of Police shall approve the issuance of a license to an applicant, unless it is determined by a preponderance of the evidence that any of the following findings is true:

1. That the operation as proposed by the applicant, if permitted, will not comply with all applicable laws, including, but not limited to, the locational requirement set forth in the City’s Zoning Code, the provisions of this chapter, and the building, health, housing and fire codes of the City;

2. That the applicant has been convicted of a specified criminal activity, except the Chief of Police shall issue a permit to any person convicted of any of the crimes described above if the person is otherwise qualified for a permit and the longest of the following time periods has passed:

a. Five (5) years from date of the conviction; or

b. Five (5) years from release from confinement; or

c. Five (5) years from formal release from probation period; or

d. Five (5) years from formal release from parole;

3. That the applicant has knowingly made a material misrepresentation in the application;

4. That the applicant or any operator has had a license for an adult-oriented business revoked for cause by this City or any other city or county within the last five (5) years except as provided in this chapter;

5. That the applicant is not at least eighteen (18) years of age;

6. That the applicant has not paid the required fee.

F. The license, if granted, shall expire one (1) year from the date of issuance. Not later than forty-five (45) days prior to expiration of the term of the immediately preceding license, the City Manager shall transmit to the licensee by mail an application for renewal. The application for renewal shall be in such form and include such information as is prescribed and required by the Chief of Police, but shall include a renewal form provided by the City, the required fee, and a copy of the license to be renewed. The sole purpose of the renewal application is to update the information provided by the applicant on the initial application.

The application for renewal shall be filed with the City Manager not later than the date of expiration of the term of the immediately preceding license. Notwithstanding EGMC Section 4.10.060, the Chief of Police shall perform such investigation and examination of the applicant as he or she deems appropriate to determine whether the standards for renewal are satisfied. In considering such renewal, the Chief of Police shall use the same standards as used for issuance of an initial license. The Chief of Police shall extend the term of the immediately preceding license during the period of any investigation or examination required in order to determine whether the license should be renewed. The Chief of Police shall act upon applications for license renewal as provided herein for applications for initial licenses.

G. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the adult-oriented business and the single classification of adult-oriented business as set forth herein, for which the license is issued.

H. All licenses shall be posted in a conspicuous place at or near the entrance to the adult-oriented business so that they may be easily read at any time by all persons entering the adult-oriented business.

I. Within thirty (30) days of any change in the information originally submitted with the license application, all licensees shall provide the Chief of Police with a written statement supplementing or amending the information required by this chapter. Failure to submit such changes shall be grounds for suspension of the adult-oriented business license.

J. Within thirty (30) days of any change in employee hiring or status, all licensees shall provide the Chief of Police with a written statement supplementing or amending the information required by this chapter. Failure to submit such changes shall be grounds for suspension of the adult-oriented business license.

K. If the Chief of Police neither grants nor denies a completed application for which the filing fees have been paid, within thirty (30) business days after its receipt the applicant may begin operating the adult-oriented business for the single classification of adult-oriented business as set forth herein, for which the license was sought, subject to strict compliance with the provisions of this chapter for a period of twelve (12) months subject to the renewal provisions as set forth in this chapter. Notwithstanding the foregoing, nothing shall prevent the Chief of Police from either granting or denying a completed application pursuant to the terms of this chapter even if more than thirty (30) days have elapsed since the receipt of a completed application. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.31.110 Transfer of adult-oriented business licenses.

A. It is a violation of this chapter for a licensee to operate an adult-oriented business under the authority of an adult-oriented business license at any place other than the address of the adult-oriented business stated in the application upon which the license was issued.

B. It is a violation of this chapter for a licensee to transfer ownership or control of an adult-oriented business license to another person unless and until the transferee first obtains a written amendment to the license from the Chief of Police in accordance with and subject to the application and fee requirements set forth in this chapter.

C. It is a violation of this chapter for a licensee to transfer an adult-oriented business license when the Chief of Police has notified the licensee that the license has been suspended or revoked or that such action is pending.

D. Any attempt to transfer a license either directly or indirectly in violation of this chapter is void, and the license shall be deemed revoked. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

Article IV. Adult-Oriented Business Employee Permits

4.31.200 Employee permit required.

A. No person shall engage in or participate in any live performance distinguished or characterized by the performance, showing or simulation of specified anatomical areas or involving specified sexual activities in an adult-oriented business without a valid adult-oriented business employee permit issued by the Chief of Police.

B. All employees of an adult-oriented business shall have a valid adult-oriented business employee permit issued by the Chief of Police.

C. Before any applicant may be issued an adult-oriented business employee permit, the applicant shall submit to the Chief of Police on a form to be provided by the City the following information:

1. The applicant’s legal name and any other name including “stage” names or 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. Present business address and telephone number;

6. Date, issuing state and number of driver’s license or other identification card information, if applicable;

7. Social Security number; and

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

D. Attached to the application form shall be the following:

1. A color photograph of the applicant clearly showing the applicant’s face and the applicant’s fingerprints on a form provided by the Police Department. Any fees for the photographs and fingerprints shall be paid by the applicant.

2. A statement detailing the permit history of the applicant for the five (5) years immediately preceding the date of the filing of the application, including whether such applicant previously obtained or is seeking to obtain an adult-oriented business employee permit in this City or any other county, city, state, or country, and whether such applicant has ever had a license, permit, or authorization to do business in an adult-oriented business denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name of the issuing or denying jurisdiction, and describe in full the reason for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application.

3. A statement whether the applicant has been convicted within the past five (5) years, as of the date of submitting the application, of a specified criminal activity as defined in this chapter and, if so, the particular California statute section listed in the definition of specified criminal activity, and the date, place and jurisdiction of each conviction.

E. Every application for a permit under this chapter shall be verified as provided in Section 128.7 of the California Code of Civil Procedure for the verification of pleadings.

F. Every application for an adult-oriented business employee permit, whether for a new permit or for a renewal of an existing permit, shall be accompanied by a nonrefundable application, investigation and permit fee as set forth in the schedule of fees established from time to time by the City Council.

G. The fact that an applicant possesses other types of State, City or County permits or licenses does not exempt the applicant for the requirement of obtaining an adult-oriented business employee permit. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.31.205 Investigation and action on application.

A. Upon receipt of an application for an adult-oriented business employee permit and the required nonrefundable application, investigation, and licensing fee, the Chief of Police shall issue a fifteen (15) day temporary permit to the applicant.

B. The Chief of Police shall determine whether the application contains all of the information required by the provisions of this chapter. If it is determined that the application is not complete, the applicant shall be notified in writing within five (5) business days of the date of receipt of the application that the application is not complete and the reasons therefor. The applicant shall have ten (10) days from the date of the notice to submit additional information to render the application complete. The applicant’s failure to submit the additional information within this time period renders the application null and void. Within five (5) business days following the receipt of a supplemental or amended application, the Chief of Police shall again determine whether the application is complete. Evaluation and notification shall occur as provided above until such time as the application is found to be complete. Once the application is found to be complete, the applicant shall be notified within five (5) business days of that fact. If an applicant submits two (2) consecutive incomplete applications, the applicant shall be notified in writing that a new application must be filed with the Chief of Police as set forth herein.

C. Within fifteen (15) business days after the issuance of the temporary permit, the Chief of Police shall grant or deny the application and so notify the applicant as follows:

3. The documents specified in subsections (C)(1) and (2) of this section shall be placed in the mail, first class postage prepaid, addressed to the applicant at the address specified in the application. All notices given hereunder shall be deemed given upon the date they are deposited in the mail or the date upon which personal service is provided.

D. The Chief of Police shall grant the application unless it is determined by a preponderance of the evidence that any of the following findings is true:

1. That the applicant has been convicted of a specific criminal activity, except the Chief of Police shall issue a permit to any person convicted of any of the crimes described above if the person is otherwise qualified for a permit; and the longest of the following time periods has passed:

a. Five (5) years from date of the conviction; or

b. Five (5) years from release from confinement; or

c. Five (5) years from formal release from probation period; or

d. Five (5) years from formal release from parole.

2. That the applicant has knowingly made a material misrepresentation in the application.

3. That the applicant has had an adult-oriented business employee permit revoked for cause by this City or any other city or county within the last five (5) years except as provided in this chapter.

4. That the applicant is not at least eighteen (18) years of age.

5. That the applicant has not paid the required fee.

E. The permit, if granted, shall expire one (1) year from the date of issuance. Not later than forty-five (45) days prior to expiration of the term of the immediately preceding permit, the City Manager shall transmit to the permittee by mail an application for renewal. The application for renewal shall be in such form and include such information as is prescribed and required by the Chief of Police, but shall include a renewal form provided by the City, the required fee, and a copy of the permit to be renewed. The sole purpose of the renewal application is to update the information provided by the applicant on the initial application.

The application for renewal shall be filed with the City Manager not later than the date of expiration of the term of the immediately preceding permit. Notwithstanding EGMC Section 4.10.085, the Chief of Police shall perform such investigation and examination of the applicant as he or she deems appropriate to determine the standards for renewal are satisfied. In considering such renewal, the Chief of Police shall use the same standards as used for issuance of an initial permit. The Chief of Police shall extend the term of the immediately preceding permit during the period of any investigation or examination required in order to determine whether the permit should be renewed. The Chief of Police shall act upon applications for permit renewal as provided herein for applications for initial permits.

F. The permit, if granted, shall state on its face the name of the person to whom it is granted, and the expiration date. The Chief of Police shall provide each person issued an adult-oriented business employee permit with an identification card containing the name, address, photograph, and permit number of the permit.

G. Both the permit and identification card shall be available for inspection at all times during which the permittee is on the premises of an adult-oriented business.

H. If the Chief of Police neither grants nor denies a completed application for which the filing fees have been paid, within fifteen (15) business days after its receipt, the applicant may begin employment at an adult-oriented business, subject to strict compliance with the provisions of this chapter for a period of twelve (12) months subject to the renewal provisions as set forth in this chapter. Notwithstanding the foregoing, nothing shall prevent the Chief of Police from either granting or denying a completed application pursuant to the terms of this chapter even if more than thirty (30) days have elapsed since the receipt of a completed application. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.31.210 Transfer of employee permit.

A permit holder shall not transfer ownership or control of an adult-oriented business employee permit. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

Article V. Denial, Suspension, and Revocation of License or Permit

4.31.300 Denial of license or permit.

When the Chief of Police denies application for a license or permit or the application for a renewal of a license or permit, other than due to the failure to pay the required fees, the applicant shall not be issued a license or permit for one (1) year from the date of denial. If, subsequent to denial, the Chief of Police finds that the basis for denial has been corrected or abated, the applicant shall be granted a license or permit if at least ninety (90) days have elapsed since the date denial became final and the applicant is otherwise qualified to obtain a license or permit. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.31.305 Suspension or revocation of license or permit.

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

1. The licensee or permittee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a license or permit, or in any report or record required to be filed with the City.

2. The licensee or permittee, employee, agent, partner, director, stockholder, or manager of an adult-oriented business has engaged in or knowingly allowed or permitted, or 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 establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur.

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

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

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

3. The licensee or permittee failed to abide by any lawful condition previously imposed by an authorized City official.

4. The licensee or permittee failed to abide by any applicable provision of this chapter.

B. In accordance with the provisions of this chapter, if the Chief of Police finds and determines that there are grounds for action, the Chief of Police shall propose one (1) of the following:

1. A warning;

2. Suspension of the license or permit for a specified period not to exceed six (6) months;

3. Revocation of the license or permit.

4. The Chief of Police shall propose the revocation of a license or permit if it has been suspended within the proceeding twelve (12) months.

C. The revocation of a license or permit shall continue for one (1) year, and the licensee or permittee shall not be issued an adult-oriented business license or permit for one (1) year from the date the revocation became effective. If, subsequent to revocation, the Chief of Police finds that the basis for the revocation has been corrected or abated, the applicant may apply for and be granted a new license or permit if at least ninety (90) days have elapsed since the date the revocation became effective and the applicant is otherwise qualified for a license or permit. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.31.306 Suspension or revocation hearing.

On determining that grounds for license or permit revocation or suspension exist, the Chief of Police shall furnish written notice of the proposed suspension or revocation to the licensee or permittee. Such notice shall set forth the time and place of a hearing to be conducted by a Hearing Authority appointed by the City Manager, and the grounds upon which the hearing is based, the pertinent code sections at issue, and a brief summary of the facts in support of the suspension or revocation. The notice shall be mailed, postage prepaid, to the last known address of the licensee or permittee, or shall be delivered to the licensee or permittee personally, at least ten (10) business days prior to the hearing date. At the hearing, all parties shall have a right to offer testimonial, documentary, and tangible evidence on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence upon which reasonable persons are accustomed to rely in the conduct of serious matters may be admitted. Any hearing under this chapter may be continued for a reasonable time for the convenience of a party or witness. Notice of the Hearing Authority’s decision shall be mailed to the applicant or licensee or permittee no later than seven (7) days after the close of the hearing. If the Hearing Authority determines that grounds for revocation or suspension exist, the Hearing Authority shall include in its written decision any one (1) or more of the actions listed in EGMC Section 4.31.305(B) to be effective within fourteen (14) days of the hearing. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.31.310 Appeal.

A. All decisions of the Chief of Police and/or the Hearing Authority to issue, renew, deny, suspend or revoke a license or permit are final within thirty (30) days. After denial of an application, renewal, or a suspension or revocation, the applicant or licensee or permittee may seek prompt judicial review of such decision in any court of competent jurisdiction as provided by law, including judicial review pursuant to Section 1094.8 of the California Code of Civil Procedure. Notwithstanding the applicant’s or licensee’s or permittee’s right to initiate judicial review, the City shall, upon the written request of an aggrieved applicant, licensee, or permittee, within three (3) business days of its receipt of the request, file an action with a court of competent jurisdiction seeking declaratory and injunctive relief, including temporary and preliminary relief, as to the propriety of the denial, revocation, or suspension.

B. If, upon request, the City files such action seeking judicial review or the aggrieved applicant, licensee or permittee files the action, the City’s revocation, suspension, or denial of renewal application will be stayed pending a judicial decision on the merits by a court of competent jurisdiction.

C. If the City denies an initial application of a license or permit and the aggrieved applicant commences a legal action to determine the validity of the denial or makes a written request in the manner set forth herein that the City commence such action, the City shall issue a temporary license or permit if the court has not rendered a decision on the merits within the earlier of twenty (20) days after the matter is submitted to the court or fifty (50) days of the filing of the action. This temporary license or permit shall remain in effect only until the court in which the action is pending renders its decision on the merits as to the propriety of the denial. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.31.315 Confidentiality.

The City deems confidential license and permit applications required by this chapter and all information contained therein. Absent an order from a court of competent jurisdiction, the City shall not disclose for public review the applications or the information contained therein. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

Article VI. Development and Performance Standards

4.31.400 Prohibition against minors.

It shall be unlawful for any licensee, operator, or other person in charge of any adult-oriented business to permit to enter, or remain within, the adult-oriented business any person who is not at least eighteen (18) years of age or to provide any service for which this chapter requires a license to any person who is not at least eighteen (18) years of age. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.31.405 Concealing specified activities and anatomical areas from public view.

No adult-oriented business shall be operated in any manner that permits the observation of any material or activities depicting or describing 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, 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. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.31.410 Posting notices relating to minors.

The building entrance to an adult-oriented 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. Such notice shall be constructed and posted to the satisfaction of the Development Services Director or his or her designee. [Ord. 24-2015 §3 (Exh. A), eff. 2-12-2016; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.31.415 Indoor areas open to view by management.

All indoor areas of the adult-oriented business where patrons or members of the public are permitted, excluding rest rooms and nonpublic areas of adult motels, shall be open to view by management at all times. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.31.420 Building requirements.

The premises and grounds of all adult-oriented businesses shall comply with the following:

A. Maximum occupancy load, fire exits, aisles, parking and fire equipment shall be regulated, designed and provided in accordance with the Cosumnes Community Services District Fire Department and building regulations and standards adopted by the City.

B. The premises within which the adult-oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside the 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.

C. All interior areas of the adult-oriented business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:

1. Adult bookstores: twenty (20 fc) foot-candles;

2. Adult theaters, adult motion picture theaters and adult cabarets: five (5 fc) foot-candles (except during performances, at which times lighting shall be at least one and one quarter (1.25 fc) foot-candles);

3. Adult arcades: ten (10 fc) foot-candles;

4. Adult motels: twenty (20 fc) foot-candles (in public areas);

5. Nude model studios: twenty (20 fc) foot-candles.

D. All off-street parking areas and premises entries 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 at least one (1 fc) foot-candle of light on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways 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. The exterior of the adult-oriented business shall be equipped with a security system that visually records and monitors all off-street parking areas provided for the adult-oriented business during all times that the business is open or occupied for business.

1. The surveillance equipment utilized shall provide continuous recording for at least a twenty-four (24) hour period, with all recording maintained for a minimum of seventy-two (72) hours.

2. Immediately upon request, the surveillance recording for all or any portion of the previous seventy-two (72) hour period shall be made available to the Chief of Police, or his or her designated representative. Such recordings shall be utilized only for purposes of investigation of an alleged violation of a local, State or Federal law, or the enforcement thereof. Except as necessary to enforce a local, State or Federal law, the City deems confidential the surveillance recordings required by this chapter and all information contained therein. Absent an order from a court of competent jurisdiction, the City shall not disclose for public review the surveillance recordings or the information contained therein.

3. Signs shall be posted in the parking area, near the entrances to the premises, and at a conspicuous location inside the premises in such a manner as to notify the public that the exterior of the premises is subject to recorded surveillance.

F. The exterior portions of the building shall be painted in a single achromatic color unless the adult-oriented business is a part of a commercial multi-unit center and the exterior portions of each individual unit in the commercial center, including the exterior portion of the business, are painted the same color as one another or are painted in such a way as to be a component of the overall architectural style or pattern of the commercial multi-unit center. Nothing in this provision shall be construed to require the painting of an otherwise unpainted exterior portion of an adult-oriented business.

G. No exterior signage shall contain photographs, silhouettes, drawings, images or pictorial representations in any manner depicting or making linguistic reference to nudity, specified anatomical areas, specified sexual activity, or any device or paraphernalia designed for use in connection with specified sexual activity. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.31.425 Hours of operations.

An adult-oriented business shall be open for business only between the hours of 10:00 a.m. and 12:00 a.m./midnight on any particular day. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.31.430 Security guards.

Adult-oriented businesses shall employ off-duty law enforcement officers or security guards in order to maintain the public peace and safety, based upon the following standards:

A. Adult-oriented businesses shall provide at least one (1) officer or security guard at all times while the business is open. If the occupancy limit of the adult-oriented business is greater than thirty-five (35) persons, an additional officer or security guard shall be on duty.

B. Officers or security guards shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of these regulations. Officers and 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 an officer or security guard as required by applicable provisions of State law. No officer or security guard required pursuant to this chapter shall act as a door person, ticket seller, ticket taker, admittance person, entertainer or performer, or sole occupant of the manager’s station while acting as a security guard.

C. Officers and security guards shall report any violation of law immediately to the responsible manager on the premises at the time the violation or threatened violation occurs, and shall prepare a written report outlining the violation or threatened violation observed. Copies of all written reports required by this chapter shall be maintained on the premises and shall be available for inspection by law enforcement personnel at all times during regular business hours. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.31.435 Register and permit number of employees.

Every licensee of an adult-oriented business that provides live entertainment depicting specified anatomical areas or involving specified sexual activities must maintain a register of all past and current persons so performing at the adult-oriented business and their permit numbers. Such register shall be available for inspection during regular business hours by any Police Officer of the City. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.31.440 Inspection.

A. When the Chief of Police, the Development Services Director, and/or Code Enforcement Officers have reasonable cause to believe that violations of this title and/or other provisions of the Zoning Code are occurring on the premises where an adult-oriented business is operating, they, and/or their authorized representatives, may conduct a reasonable inspection of the public areas of and areas otherwise open to plain view on or within the premises of the adult-oriented business to the extent allowed by law and during the business hours of the adult-oriented business.

B. It is a violation of this chapter for a person who operates an adult-oriented business or that person’s agent or employee to refuse to permit such lawful inspection of the adult-oriented business at any time it is open for business. [Ord. 24-2015 §3 (Exh. A), eff. 2-12-2016; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.31.445 Restroom facilities.

The adult-oriented 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, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. 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 as defined in EGMC Section 4.31.050(B)(1) and (2). Restrooms shall not contain television monitors or other motion picture or video projection, recording, or reproduction equipment. The foregoing provisions of this paragraph shall not apply to an adult-oriented business which deals exclusively with the 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. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.31.450 Special regulations – Live entertainment.

The following additional requirements shall pertain to adult-oriented businesses providing live entertainment distinguished or characterized by the depiction, description, showing or simulation of specified anatomical areas or involving specified sexual activities, except for businesses regulated by the California Department of Alcoholic Beverage Control.

A. No person shall perform live entertainment for patrons of an adult-oriented business except upon a stage at least eighteen (18") inches above the level of the floor which is separated by a distance of at least six (6' 0") feet from the nearest area occupied by patrons. Fixed rail(s) at least thirty (30") inches in height shall be maintained establishing the separations between performers and patrons required by this chapter. “Performer” shall mean any person who is an employee or independent contractor of the adult-oriented business, or any person who, with or without compensation or other form of consideration, performs live entertainment for patrons of an adult-oriented business.

B. The adult-oriented business shall provide separate dressing room facilities for performers, which are exclusively dedicated to the performers’ use.

C. The adult-oriented business shall provide an entrance/exit for performers which is separate from the entrance/exit used by patrons.

D. The adult-oriented business shall provide access for performers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult-oriented business shall provide a minimum three (3' 0") foot wide aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers capable of (and which actually results in) preventing any physical contact between patrons and performers.

E. No performers, either before, during, or after performances, shall have physical contact with any patron and no patron shall have physical contact with any performer either before, during or after performances by such performer. This subsection shall only apply to physical contact anywhere on or within the premises of the adult-oriented business, including off-street parking areas.

F. No patron shall directly pay or give any gratuity to any performer and no performer shall solicit any pay or accept gratuity from any patron.

G. No owner or other person with managerial control over an adult-oriented business shall permit any person on the premises of the adult-oriented 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 discernibly turgid state. This subsection may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.31.455 Special regulations – Adult motels.

A. Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated two (2) or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the establishment is an adult motel.

B. It is a violation of this chapter for a person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have an adult-oriented business license to rent or subrent the same sleeping room to another person more than two (2) times in a period of time that is less than ten (10) hours.

C. For purposes of subsections (A) and (B) of this section, the terms “rent” or “subrent” mean the act of permitting a room to be occupied for any form of consideration. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.31.460 Special regulations – Films, videos or viewing rooms.

A person who operates or causes to be operated an adult-oriented business, including an adult arcade and other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150 ft2) square feet of floor space, a film, video cassette, live entertainment or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

A. Upon application for an adult-oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one (1) or more manager’s stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed thirty-two (32 ft2) square feet of floor area. The diagram shall also designate the place at which the license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of premises to an accuracy of plus or minus six (6") inches. The Chief of Police may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was first prepared.

B. No alteration in the configuration or location of a manager’s station may be made without the prior written approval of the Chief of Police.

C. It is the duty of the licensee of the adult-oriented business to ensure that at least one (1) properly permitted employee is on duty and situated in each manager’s station at all times that any patron is present inside the adult-oriented business.

D. The interior of the adult-oriented business shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the adult-oriented business to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video viewing equipment. If the adult-oriented business has two (2) or more designated manager’s stations, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the adult-oriented business to which any patron is permitted access for any purpose from at least one (1) of the manager’s stations. The view required by this section must be by direct line of sight from the manager’s station.

E. It shall be the duty of the licensee to ensure that the view area specified in this section remains unobstructed at all times by any doors, curtains, partitions, walls, merchandise, display racks or other materials.

F. It shall be the duty of the licensee to ensure that no patron is permitted access to any area of the adult-oriented business which has been designated as an area in which patrons will not be permitted pursuant to subsection (A) of this section.

G. No viewing room may be occupied by more than one (1) person at any time.

H. No viewing room shall have any door, curtain, shutter, or any other device blocking or capable of blocking, wholly or partially, the entrance to the viewing booth.

I. The adult-oriented business shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five (5 fc) foot-candles as measured at the floor level.

J. It shall be the duty of the licensee to ensure that the illumination required by this section is maintained at all times that any patron is present in the premises.

K. No openings of any kind shall exist between viewing rooms or booths.

L. No person shall make or attempt to make an opening of any kind between viewing booths or rooms.

M. The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.

N. The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.

O. The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within forty-eight (48") inches of the floor.

P. The floors, seats, walls, and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen, or saliva in any such booths shall be evidence of improper maintenance and inadequate sanitary controls.

Q. Customers, patrons, or visitors shall not be allowed to loiter in the vicinity of any such video booths, or remain in the common area of such adult-oriented business, other than the restrooms, unless actively engaged in shopping for or reviewing the products available or on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.

R. It is a violation of this chapter for a person having a duty under this section to knowingly fail to fulfill that duty. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.31.465 Special regulations – Nude model studios.

A. A nude model studio shall not employ any person under the age of eighteen (18) years.

B. It is a violation of this chapter for a person under the age of eighteen (18) years to appear semi-nude or in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this section if the person under eighteen (18) years was in a restroom not open to public view or visible to any other person.

C. A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.31.470 Special regulations – Public nudity.

A. It is a violation of this chapter for a person knowingly and intentionally, in a public area of an adult-oriented business (except a restroom), to appear in a state of nudity;

B. It is a violation of this chapter for a person knowingly and intentionally, in an adult-oriented business, to engage in or perform the following specified sexual activities:

1. Actual sex acts, normal or perverted, consisting of intercourse, oral copulation or sodomy;

2. Actual masturbation; and/or

3. Excretory functions as part of or in connection with any of the activities described in subsections (B)(1) or (2) of this section or as part of or in connection with the fondling or other erotic touching of human genitals, pubic area, buttocks, anus, or female breast.

C. It is a violation of this chapter for a person knowingly or intentionally, in a public area of an adult-oriented business, to appear in a semi-nude condition unless the person is an employee or performer who, while semi-nude, is upon a stage at least eighteen (18") inches above the level of the floor which is separated by a distance of at least six (6' 0") feet from the nearest areas occupied by patrons.

D. It is a violation of this chapter for an employee or performer, while semi-nude in an adult-oriented business, to solicit any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any employee or performer in an adult-oriented business.

E. It is a violation of this chapter for an employee or performer, in an adult-oriented business, while semi-nude, to knowingly and intentionally touch a patron or customer or the clothing of a patron or customer. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.31.475 Prohibition – Sexual encounter centers.

A sexual encounter center is not a permitted use. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

Article VII. Enforcement

4.31.500 Each day separate offense.

Any person that violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof and shall be punished accordingly. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.31.505 Public nuisance.

Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is hereby declared a public nuisance and may be summarily abated by the City pursuant to the Elk Grove Municipal Code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.31.510 Infractions.

Any person who violates, causes, or permits another person to violate any provision of this chapter commits an infraction. Any person convicted of an infraction shall be subject to a fine to the maximum amount permitted by State law. Any person twice (2) convicted of an infraction for repeat violations of the same provision within a one (1) year period may be charged with a misdemeanor upon being issued a citation for the repeated violation of the same provision since, rather than simply a violation of a provisions of this chapter, such repeat violations evidence a disregard of municipal authority. Any person convicted of a misdemeanor shall be subject to punishment by fine or imprisonment to the maximum permitted by State law. Pursuant to Section 36900(a) of the Government Code, the City Attorney may prosecute these violations in the name of the people of the State of California. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.31.515 Civil injunction.

The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the City, create a cause for injunctive relief. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.31.520 Administrative remedies.

In addition to the remedies set forth above, any person that violates the provisions of this chapter may be subject to administrative remedies, as set forth in the Elk Grove Municipal Code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.31.525 Revocation of license.

In addition to the remedies set forth above, violation of the provisions of this chapter constitutes grounds for the revocation of an adult-oriented business license and/or adult-oriented business employee permit. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]