Chapter 4.24
DEVELOPMENT AND PERFORMANCE STANDARDS AND REGULATIONS
Sections:
4.24.010 Prohibition against minors in an adult-oriented business.
4.24.020 Concealing specified sexual activities and specified anatomical areas from public view.
4.24.030 Posting notices relating to minors.
4.24.040 Indoor areas open to view by management.
4.24.060 Register and license number of employees.
4.24.080 Rest room facilities.
4.24.090 Additional regulations for adult arcade.
4.24.100 Additional regulations relating to live entertainment.
4.24.110 Additional regulations for adult motels.
4.24.130 Additional regulations for nude model studios.
4.24.140 Additional regulations concerning public nudity.
4.24.010 Prohibition against minors in an adult-oriented business.
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 title requires a license or registration, to any person who is not at least eighteen (18) years of age.
(Ord. 2000-04, Added, 05/02/2000)
4.24.020 Concealing specified sexual activities and specified 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, describing, showing, or simulating 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. 2000-04, Added, 05/02/2000)
4.24.030 Posting notices relating to minors.
No person under the age of eighteen (18) years shall be permitted within the adult-oriented business any time. 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. Said notice shall be constructed and posted to the satisfaction of the planning director or his or her designee.
(Ord. 2000-04, Added, 05/02/2000)
4.24.040 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, shall be open to view by management at all times.
(Ord. 2000-04, Added, 05/02/2000)
4.24.050 Security guards.
Adult-oriented business shall employ security guards in order to maintain the public peace and safety, based upon the following standards:
(A) Adult-oriented businesses featuring live entertainment shall provide at least one (1) 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 security guard shall be on duty.
(B) Security guards shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state law. No security guard required pursuant to this section 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.
(Ord. 2000-04, Added, 05/02/2000)
4.24.060 Register and license 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. Such register shall be available for inspection during regular business hours by any police officer of the city.
(Ord. 2000-04, Added, 05/02/2000)
4.24.070 Inspection.
When the chief of police, the planning director, and/or neighborhood enhancement specialists 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 or the adult-oriented business to the extent allowed by law and during the business hours of the adult-oriented business.
Nothing in this section shall be deemed to prohibit the above-described city officials and employees from pursuing any and all available legal remedies to secure entry into and inspection of the premises or adult-oriented business if such entry is refused or, for any other reason allowed by law.
It is a violation of this title for a person who operates an adult-oriented business or that person’s agent or employee to refuse to permit a lawful inspection of the adult-oriented business at any time it is open for business.
(Ord. 2000-04, Added, 05/02/2000)
4.24.080 Rest room facilities.
The adult-oriented business shall provide and maintain separate rest room facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the rest room(s) for females, except to carry out duties of repair, maintenance and cleaning of the rest room facilities. The rest rooms shall be free from any adult material. Rest rooms shall not contain television monitors or others 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 rest room facilities to its patrons or the general public.
The foregoing requirements of this chapter shall be deemed conditions of adult-oriented business license approvals and failure to comply with every such requirement shall be grounds for revocation of the license.
(Ord. 2000-04, Added, 05/02/2000)
4.24.090 Additional regulations for adult arcade.
Any adult-oriented business which is also an adult arcade shall comply with the following provisions:
(A) The interior of the adult-oriented business shall be configured in such a manner that there is an unobstructed view from a manager station of every area of the adult-oriented business to which any patron is permitted access for any purpose, excluding rest rooms. If the adult-oriented business has two (2) or more manager stations designated, then the interior of the adult-oriented business shall be configured in such a manner that there is an unobstructed view from at least one (1) of the manager stations of each area of the adult-oriented business to which any patron is permitted access.
(B) It shall be the duty to the licensee to ensure that the view area required by paragraph one of this section is at all times unobstructed by any doors, walls, merchandise, display racks, or other materials while the adult-oriented business is open to patrons.
(C) No viewing room or booth may be occupied by more than one (1) person at any time.
(D) The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any two (2) such rooms such as would allow viewing from one (1) booth into another or such as to allow physical contact of any kind between the occupants of any two (2) such booths or rooms.
(E) Customers, patrons, or visitors shall not be allowed to stand idly by in the vicinity of any such video booths, or remain in the common area of such adult-oriented businesses, other than the rest rooms, 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.
(F) 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. (Ord. 2000-04, Added, 05/02/2000)
4.24.100 Additional regulations relating to live entertainment.
The following additional requirements shall pertain to adult-oriented businesses providing live entertainment showing or simulating specified anatomical areas or showing or simulating 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 ten (10) 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 section. 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) foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence, or other barrier separating the patrons and performers which is capable of 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 paragraph 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 cleavage of the 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. This paragraph may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered. (Ord. 2000-04, Added, 05/02/2000)
4.24.110 Additional regulations for adult motels.
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.
It is a violation of this title when, as 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, the person rents or sub-rents a sleeping room to a person and, within ten (10) hours from the time the room is rented, rents or sub-rents the same sleeping room again.
For purposes of the paragraphs of this section, the terms “rent” or “sub-rent” mean the act of permitting a room to be occupied for any form of consideration. (Ord. 2000-04, Added, 05/02/2000)
4.24.120 Additional regulations relating to the exhibition of sexually explicit films, videos or live entertainment in viewing rooms.
A person who operates or causes to be operated an adult-oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, video cassette, live entertainment or other video reproduction which shows or 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 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) 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 licensed 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 or 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 rest rooms. rest rooms 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, except rest rooms, for any purpose from at least one 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 paragraph (1) of this section.
(G) No viewing room may be occupied by more than one (1) person at any time.
(H) 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) foot candles as measured at the floor level.
(I) 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.
(J) No openings of any kind shall exist between viewing rooms or booths.
(K) No person shall make or attempt to make an opening of any kind between viewing booths or rooms.
(L) The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.
(M) The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
(N) 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.
(O) It is a violation of this title for a person having a duty under this section to knowingly fail to fulfill that duty. (Ord. 2000-04, Added, 05/02/2000)
4.24.130 Additional regulations for nude model studios.
A nude model studio shall not employ any person under the age of eighteen (18) years.
It is a violation of this title 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 rest room not open to public view or visible to any other person.
It is a violation of this title for a person to appear in a state of nudity, or knowingly allow another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right of way.
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. 2000-04, Added, 05/02/2000)
4.24.140 Additional regulations concerning public nudity.
It is a violation of this title for a person knowingly and intentionally, in an adult-oriented business, to appear in a state of nudity or perform or simulate specified sexual activities.
It is a violation of this title for a person knowingly or intentionally, in an adult-oriented business, to appear in a semi-nude condition unless the person is an employee who, while semi-nude, is upon a stage at least eighteen inches (18) above the level of the floor which is separated by a distance of at least ten (10) feet from the nearest areas occupied by patrons.
It is a violation of this title 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.
It is a violation of this title for an employee or performer, while semi-nude, to knowingly or intentionally touch a patron or the clothing of a patron. (Ord. 2000-04, Added, 05/02/2000)