Chapter 18.62
ADULT-ORIENTED BUSINESSES
Sections:
18.62.010 Permitted locations.
18.62.050 Investigation – Recommendation.
18.62.060 Meetings, hearings and notices.
18.62.070 Requirements for permit issuance.
18.62.080 Development and design standards.
18.62.090 Operational requirements.
18.62.100 Measurement of distance.
18.62.120 Continuing duty to supply information.
18.62.140 Moratorium after revocation/denial.
18.62.160 Regulations nonexclusive.
18.62.170 Violation and penalty.
18.62.180 Existing adult-oriented businesses.
18.62.010 Permitted locations.
Notwithstanding any other provision of this code to the contrary, adult-oriented businesses shall only be allowed to locate in the M-1 (industrial) and M-2 (general industrial) zones, subject to the provisions of this chapter. (Ord. 1498 § 3 (part), 1996)
18.62.020 Definitions.
For the purpose of this chapter, unless the context clearly indicates otherwise, the words, terms and phrases shall have the following meanings:
“Adult arcade” means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
“Adult bookstore” or “adult video store” means any establishment which:
1. As a regular and substantial course of conduct, displays and/or distributes sexually-oriented merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films or other written, oral or visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing or relating to specified sexual activities or specified anatomical parts; or
2. Advertises the availability of the type of material described in subsection 1 of this definition and such advertisement is visible from the outside of the building.
“Adult cabaret” means a nightclub, bar, lounge, restaurant or similar establishment which features as a regular and substantial course of conduct any type of live entertainment, films, motion pictures, videos, slides or other photographic reproductions or visual representations, which are characterized by an emphasis on the exposure, depiction or description of specified sexual activities or specified anatomical parts.
D. “Adult hotel/motel” means a hotel or motel which: (1) provides to its patrons through television, cable or satellite transmissions, films, motion pictures, video cassettes, slides, photographic reproductions or other medium, material which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts; (2) advertises the availability of the type of material described in subsection (1) of this definition so such advertisement is visible from the outside of the building; and (3) rents, leases or lets any room for less than a six-hour period or more than once in a twenty-four-hour period.
E. “Adult model studio” means any premises where there is furnished, provided or procured a figure model or models who pose for the purpose of being observed, viewed, sketched, painted, drawn, sculptured, photographed, filmed, video-taped, or similarly depicted by any person who pays a consideration or gratuity in any form for the right or opportunity to so depict or observe the figure model. “Adult model studio” shall not include any live art class or any studio or classroom which is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree under Section 94300 et seq. of the California Education Code.
“Adult motion picture theater” means an establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a regular and substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
“Adult-oriented business” means any establishment which as a regular or substantial course of conduct performs or operates as an adult arcade, adult bookstore or video store, adult theater, adult motion picture theater, adult cabaret, adult model studio, adult hotel/motel, or any other business establishment which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts. “Adult-oriented business” does not include those uses or activities, the regulation of which is preempted by state law. “Adult-oriented business” shall also include any establishment which, as a regular or substantial course of conduct, provides or allows performers, models, actors, actresses or employees to appear in any place in lingerie or similar attire which does not opaquely cover specified anatomical parts.
“Adult theater” means a theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
“Director” means the community development director or his or her designee.
“Individual viewing area” means any area designed for occupancy of one person for the purpose of viewing performances, pictures, movies, videos or other presentations.
“Person” means person(s), firms, corporations, partnerships, associations or any other forms of business organization or group(s).
“Person who has engaged in disqualifying conduct” means a person who:
1. Within the two years immediately preceding the date of filing of the application in question or the date of the revocation notice provided pursuant to Section 18.62.130 has been convicted of any misdemeanor or felony offense which relates directly to the operation of an adult-oriented business;
2. Within the two years immediately preceding the date of filing of the application in question or the date of the revocation notice provided pursuant to Section 18.62.130, has been found to be maintaining a nuisance in connection with an adult-oriented business or has been subject to an injunction against the conducting or maintaining of a nuisance under any applicable laws, including Penal Code Section 11225 et seq.;
3. Within the two years immediately preceding the date of filing of the application in question or the date of the revocation notice provided pursuant to Section 18.62.130, has been convicted of any offense which is classified as an offense involving sexual crimes against children, sexual battery or abuse, rape, distribution of material harmful to minors, prostitution, pandering or lewd conduct, including, but not necessarily limited to, the violation of any crime requiring registration under California Penal Code Section 290.
“Planning commission” means the planning and environmental quality commission of the city.
“Qualifying interest” means: if the applicant is a corporation, each officer, director, and stockholder owning a minimum of ten percent of the stock of the corporation; if the applicant is a partnership, each partner, including limited partners; if the applicant is some other form of business enterprise, all individuals owning a minimum of a ten percent ownership interest therein.
“Regular and substantial course of conduct” and “regular and substantial portion” means any adult-oriented business where one or more of the following conditions exist:
1. The area(s) devoted to the display of sexually oriented material or merchandise exceeds twenty-five percent of the total display area of the business; or
2. The business presents any type of live entertainment characterized by an emphasis on specified sexual activity or specified anatomical parts, or performers, models or employees appearing in public dressed only in lingerie, on any four or more separate days within any twelve-month period; or
3. At least twenty-five percent of the annual gross receipts, as defined by Section 993(f) of the Internal Revenue Code, of the business are derived from the sale, trade, rental, display or presentation of services, products, sexually oriented material or merchandise, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas;
4. This section shall not apply to any video store or bookstore which physically separates sexually oriented material from non-sexually oriented material and does not advertise such sexually oriented material.
“Religious institution” means a structure which is used primarily for religious worship and related religious activities.
“School” means any public or private institution of learning which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education for any grades of kindergarten through twelfth.
“Sexually oriented material” means any element of sexually oriented merchandise, or any books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
“Sexually-oriented merchandise” means sexually oriented implements and paraphernalia, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery-operated vaginas, and similarly sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.
“Specified anatomical parts” means:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below a point immediately above the top of the areola; or
2. Human male genitals in a discernible turgid state, even if completely and opaquely covered.
“Specified sexual activities” means:
1. Actual or simulated sex acts including intercourse, oral copulation, anal intercourse, oral or anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, anilingus, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pedophilia, piquerism, sodomy or zooerastia; or
2. Masturbation, actual or simulated; or
3. Fondling or touching of nude human genitals, pubic region, buttocks, anus or female breast; or
4. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or
5. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or
6. Human excretion, urination, menstruation, vaginal or anal irrigation; or
7. Striptease, or the removal of clothing; or
8. The wearing of transparent or diaphanous clothing, including models dressed only in lingerie to the point where specified anatomical areas are exposed. (Ord. 1498 § 3 (part), 1996)
18.62.030 Permit required.
A. No adult-oriented business shall be permitted to operate, engage in, conduct or carry on business within the city unless the owner of the business first obtains an adult-oriented business permit and a business license from the city.
B. No adult-oriented business shall be sold, transferred or assigned, voluntarily or by operation of law, to any other person, group, partnership, corporation or any other entity, and any such sale, transfer or assignment, or attempted sale, transfer or assignment shall be deemed to be void unless an adult-oriented business permit is obtained by the purchaser, transferee or assignee. For purposes of this section, an acquisition by any person, group, partnership or other entity of at least ten percent of the adult-oriented business shall be considered a sale, transfer or assignment. (Ord. 1498 § 3 (part), 1996)
18.62.040 Application.
Applicants for an adult-oriented business permit shall file a written application on a form supplied by the community development department, signed by the property owner or authorized representative under penalty of perjury. The applicant shall be required to show proof of identification. Said application form shall be accompanied by a nonrefundable fee in an amount set by resolution of the city council. The applicant shall submit mailing labels for all real property owners within a three-hundred-foot radius of the real property boundaries on which the adult-oriented business is to be located. Said mailing labels shall be as shown on the latest equalized assessment roll or as shown on more recent records of the county assessor or tax collector. The information requested in subsections (B), (C), (D), (F) and (G) of this section as to the applicant shall be supplied for all individuals with a qualifying interest as well as for the person(s) having management or supervision of the adult-oriented business. The application shall contain the information specified below:
A. The name(s) and mailing address(es) of the property owner(s), and the property location, including assessor’s parcel number;
B. The name, birth date and birth place of the applicant;
C. Fingerprints and thumbprints of the applicant;
D. The residence and business addresses and phone numbers of the applicant;
E. The name(s) of the person(s) having the management or supervision responsibility of applicant’s business;
F. Whether the applicant is a person who has engaged in disqualifying conduct as defined in Section 18.62.020 and if so, the dates and details relating to the disqualifying conduct;
G. Whether the applicant holds or within the last two years has previously held any other permits, licenses, or entitlements for an adult-oriented business from another city or county, and if so the names and locations of such businesses and whether such permit, license or entitlement is still in effect or has been suspended, revoked or abandoned;
H. The name and nature of the business and activities proposed to be conducted on the property. If the applicant is a corporation, the name shall be exactly as set forth in its Articles of Incorporation;
I. The proposed hours of operation;
J. The form(s) of security proposed;
K. The manner of enforcing age restrictions;
L. A detailed plan showing the location of all walls and partitions, including the height and the material of construction as well as any lighting and surveillance requirements;
M. The location of all doors and windows, including sizes, materials and coverings if any;
N. All exterior elevations, including colors, signage and any other appurtenances; and
O. All other information required by the community development director to provide an explanation as to how the proposed project will comply with the requirements contained in Section 18.62.080. (Ord. 1498 § 3 (part), 1996)
18.62.050 Investigation – Recommendation.
A. Upon receipt of a properly filed application, the community development department shall immediately send photocopies of the application to all other city departments and agencies responsible for enforcement of police, health, fire, building codes and other applicable laws. Each department or agency shall promptly conduct an investigation of the applicant and the proposed adult-oriented business in accordance with its responsibilities under law and as set forth in this chapter. Said investigation shall be completed within twenty-five days of receipt of the application by the community development department. At the conclusion of its investigation, each department or agency shall forward its recommendation on the application to the community development department, and in the event of disapproval, state the reasons therefor.
B. Based on its own investigation and that of the other departments or agencies the community development director shall include a recommendation in the staff report as to whether said application should be approved, conditionally approved or denied. (Ord. 1498 § 3 (part), 1996)
18.62.060 Meetings, hearings and notices.
The planning commission and city council shall hold public hearings on the adult-oriented business permit application.
A. The hearings shall be noticed as required by Government Code Section 65091.
B. At the hearings, the applicant, the city and any interested person shall be entitled to present relevant evidence and testify under oath and call witnesses who shall testify under oath. The planning commission and city council shall not be bound by the traditional rules of evidence, except that hearsay evidence may not be the sole basis for the planning commission’s recommendation or the city council’s decision.
C. The planning commission shall hold a duly noticed public hearing within thirty days from the date on which the application is submitted and determined to be complete by the community development department or is deemed complete by operation of law. This time period may not be extended and the hearing may not be continued without the written authorization of the applicant. At the conclusion of the hearing the planning commission shall make a recommendation approving, conditionally approving or denying the issuance of the adult-oriented business permit based upon the requirements contained in this chapter, as well as other applicable zoning and building requirements. Said recommendation shall be forwarded to the city council.
D. The city council shall hold a duly noticed public hearing within twenty-one days following the planning commission hearing or any such extension agreed to in writing by the applicant in accordance with subsection C of this section. This time period may not be extended and the hearing may not be continued without the written authorization of the applicant.
E. Within five calendar days of the close of the hearing, the city council shall adopt a resolution approving, conditionally approving, or denying the issuance of the adult-oriented business permit based upon the requirements contained in this chapter, as well as other applicable zoning and building requirements.
F. The applicant shall be provided with written notification of the City Council’s decision and the reasons therefor within three working days of the date of the decision. The notice shall specify that the decision of the city council is final and that any judicial action challenging the decision must be commenced in accordance with Code of Civil Procedure section 1094.8.
G. Notice of the decision shall be provided to the applicant by personal service or by registered mail, return receipt requested. Notices shall be provided to any other interested party who has requested the same by regular mail. (Ord. 1601 § 65, 2000; Ord. 1498 § 3 (part), 1996)
18.62.070 Requirements for permit issuance.
The city council shall issue an adult-oriented business permit if the following requirements are met:
A. The adult-oriented business is located in the M-1 or M-2 zone.
B. The adult-oriented business is not located within one thousand feet of:
1. Any other adult-oriented business. No more than one adult-oriented use may be operated from any one business;
2. A massage establishment;
3. A bar that is not connected with a bonafide eating place, hotel or motel;
4. A school;
5. A park or playground;
6. A church, chapel or other publicly recognized place of worship.
C. The adult-oriented business is not located within five hundred feet of any residentially zoned property in the city.
D. The adult-oriented business is not located within two hundred fifty feet of any residential use in the city which is not in a residential zone.
E. Neither the applicant, any individual with a qualifying interest nor any person having management or supervision of the adult-oriented business has made any false, misleading or fraudulent statement of material fact in the application.
F. Neither the applicant, any individual with a qualifying interest nor any person having management or supervision of the adult-oriented business has engaged in disqualifying conduct.
G. Neither the applicant, any individual with a qualifying interest nor any person having management or supervision of the adult-oriented business is less than eighteen years of age.
H. The adult-oriented business will comply with all the provisions of this chapter as well as other applicable zoning and building requirements. (Ord. 1498 § 3 (part), 1996)
18.62.080 Development and design standards.
The adult-oriented business shall comply with all applicable development and design standards for the zone in which it is located in addition to the requirements set forth in this chapter.
A. If the adult-oriented business is the sole use on a lot, no landscaping shall exceed thirty inches in height, except trees with foliage not less than six feet above the ground notwithstanding any landscaping requirements to the contrary.
B. The adult-oriented business shall comply with the city’s sign regulations and all other applicable zoning requirements.
C. The adult-oriented business shall not be located in whole or in part within any portable or mobile structure or pushcart.
D. The adult-oriented business shall provide a security system that visually records and monitors the front entrance and all parking lot areas. If the adult-oriented business is located in a multitenant development, the security system shall only be required to visually record and monitor that portion of the parking lot which corresponds to the number of spaces which would be required for the business based on its size. The spaces to be monitored shall be those which are in closest proximity to public entrances for the business with the exact location to be determined by the community development department. Recordings made pursuant to this requirement shall be required to be maintained for a minimum of a thirty-day period.
E. All outside areas, including the parking lot shall be adequately illuminated during all hours of operation and for an additional two hours after closing. Artificial lighting shall be required to provide an intensity of not less than six footcandle at ground level.
F. All indoor areas of the adult-oriented business which are accessible to the public shall be open to public view at all times, with the exception of restroom facilities. “Accessible to the public” shall include, but not be limited to, those areas which are only accessible to members of the public who pay a fee and/or join a private club or organization.
G. The adult-oriented business shall not display any sexually oriented material or sexually oriented merchandise which would be visible from any location other than from within the adult-oriented business.
H. 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, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from any adult-oriented material. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this subsection shall not be applicable to an adult-oriented business which deals exclusively with sale or rental of adult-oriented 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.
I. All areas of the adult-oriented business shall be illuminated at a minimum of fifteen footcandle, minimally maintained and evenly distributed at ground level. However, such lighting shall not be installed so as to prevent the viewing of adult material in an individual viewing area or in an adult arcade or theater.
J. Any adult-oriented business which allows customers to remain on the premises while viewing any live, filmed or recorded entertainment, or while using or consuming the products or service supplied on the premises, shall conform to the following requirements:
1. Exterior windows shall be covered with opaque covering at all times; and
2. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the business.
K. The following additional requirements shall pertain to any adult-oriented business which has at least one individual viewing area:
1. The application for the adult-oriented business permit shall be accompanied by a diagram of the premises showing a plan specifying the location of one or more manager’s stations, 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 square feet of floor area with no dimension greater than eight feet. Each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the adult-oriented business to an accuracy of plus or minus six inches; and
2. The interior shall be configured in such a manner so that there is an unobstructed view from a manager’s station of every area to which any patron is permitted access for any purpose, excluding restrooms. If two or more manager’s stations are designated, then the interior shall be configured in such a manner that there is an unobstructed view of each area to which any patron is permitted access for any purpose, excluding restrooms, from at least one of the manager’s stations. The view required in this subsection must be by direct line of sight from the manager’s station. No alteration in the configuration or location of a manager’s station(s) may be made without the prior approval of the community development director, and no views shall be obstructed by doors, walls, display racks or other materials; and
3. All individual viewing areas within the adult-oriented business shall be visible from a continuous and visually accessible main aisle in a public portion of the establishment, and shall not be obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing into the individual viewing area at all times in order to enforce all rules and regulations; and
4. Individual viewing areas shall be operated and maintained without any hole or other opening or other means of direct communication or visual or physical access between the interior space of two or more individual viewing areas; and
5. Notwithstanding Section 18.62.180, lawfully existing nonconforming uses shall not be required to construct a manager station or stations provided that all other provisions of this section are complied with and that all areas within which patrons are permitted, except restrooms, shall be open to view by the management at all times.
L. The following additional requirements shall pertain to adult-oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities:
1. No person shall perform live entertainment for patrons of an adult-oriented business except upon a stage at least eighteen inches above the level of the floor which is separated by a distance of at least six feet from the nearest area occupied by patrons; and
2. Separate dressing room facilities shall be provided for entertainers which are exclusively dedicated to the entertainers’ use; and
3. An entrance/exit shall be provided for entertainers which is separate from the entrance/exit used by patrons; and
4. Access shall be provided for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, a minimum three-foot wide walk aisle shall be provided for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers; and
5. Fixed rail(s) at least thirty inches in height shall be maintained establishing the separations between entertainers and patrons required by this subsection. (Ord. 1498 § 3 (part), 1996)
18.62.090 Operational requirements.
A. The adult-oriented business shall not conduct or sponsor any special events, promotions, festivals, concerts or other similar events which would increase the demand for parking beyond the approved number of spaces for the particular use.
B. The adult-oriented business shall not conduct any massage, acupuncture, tattooing, acupressure, fortune-telling or escort services on the premises nor shall any such business be conducted from the same premises as the adult-oriented business.
C. The adult-oriented business shall not allow admittance of any person under the age of eighteen if no liquor is served, or under the age of twenty-one if liquor is served. The age restrictions shall be posted accordingly at the entrance to the adult-oriented business.
D. No solicitation of trade may be made at or near the entrance to the adult-oriented business by any means other than signage which complies with the city’s sign regulations.
E. All required permits and licenses shall be conspicuously posted at a location where they may be readily seen by all persons entering the adult-oriented business.
F. The adult-oriented business shall not operate between the hours of two a.m. and six a.m.
G. A manager(s) or other individual must be present at all times the business is operating; said person shall be responsible for all actions of the business while on duty.
H. The names of all managers, plus a twenty-four hour emergency contact shall be provided to the police department.
I. No person may be employed by the adult-oriented business if within the last two years that individual is a person who has engaged in disqualifying conduct.
J. No adult-oriented business may be used for the purpose of conducting a private club during such hours as the business is not open to the public.
K. Any adult-oriented business which allows customers to remain on the premises while viewing any live, filmed or recorded entertainment, or while using or consuming the products or service supplied on the premises, shall conform to the following requirements:
1. At least one security guard shall be on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is open. If the occupancy limit of the premises is greater than fifty persons, an additional security guard shall be on duty inside the premises. The security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this chapter, and notifying the police department of any violations of law observed. Any security guard required by this subsection shall be uniformed in such manner so as to be readily identifiable as a security guard by the public. No security guard required pursuant to this subsection shall act as a doorperson, ticket seller, ticket taker, or admittance person while acting as a security guard hereunder; and
2. No exterior door or window on the premises shall be propped or kept open at any time while the business is open.
L. The following additional requirements shall pertain to any adult-oriented business which has at least one individual viewing area:
1. At least one (1) employee is on duty and situated at each manager’s station at all times that any patron is present; and
2. No individual viewing area may be occupied by more than one person at any one time.
M. The following additional requirements shall pertain to adult-oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities:
1. No patron shall be permitted within six feet of the stage while the stage is occupied by an entertainer. “Entertainer” shall mean any person who is an employee or independent contractor of the adult-oriented business, or any person who, without any compensation or other form of consideration, performs live entertainment for patrons of an adult-oriented business;
2. No entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer while on the premises; and
3. No person may give a live performance depicting specified anatomical parts or involving specified sexual activities unless that person has obtained an adult performer’s license pursuant to Chapter 5.72 of this code. The permittee shall provide the names of all such persons who perform at the adult-oriented business to the city police department within ten business days of the first performance. (Ord. 1498 § 3 (part), 1996)
18.62.100 Measurement of distance.
A. The distance between an adult-oriented business and the uses listed in Section 18.62.070(A) through (D) shall be measured in a radius, without regard to intervening structures, from the property lines of the parcel on which the adult-oriented business is located to the nearest property line of such uses.
B. Once an adult-oriented business lawfully obtains an adult-oriented business permit to locate in the M-1 or M-2 zones, the subsequent establishment of any use listed in Section 18.62.070(A) through (D) within the restricted distances shall not render the adult-oriented business nonconforming. (Ord. 1498 § 3 (part), 1996)
18.62.110 Inspections.
The permittee shall permit officers of the city of Gardena, Los Angeles County, and each of their authorized representatives to conduct unscheduled inspections of the premises of the adult-oriented business for the purpose of ensuring compliance with the law at any time the adult-oriented business is open for business or occupied. A person who operates an adult-oriented business or his or her agent or employee is in violation of the provisions of this section if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or opened for business. (Ord. 1498 § 3 (part), 1996)
18.62.120 Continuing duty to supply information.
Permittees shall have a continuing duty to promptly supplement application information required by this chapter in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty days from the date of such change, by supplementing the application on file with the community development department, shall be grounds for revocation of the permit. (Ord. 1498 § 3 (part), 1996)
18.62.130 Revocation.
A. Revocation Grounds. The community development director shall revoke an adult-oriented business permit when he or she discovers that any of the following have occurred:
1. The adult-oriented business has been operated in violation of any of the requirements of this chapter and, if the violation is of a continuous nature, the business continues to be operated in violation of such provision for more than ten days following the date written notice of such violation is mailed or delivered to the permittee, or if the violation is of a noncontinuous nature two or more additional violations of the same provision, or four or more violations of any other of the provisions of this chapter occur within any twelve-month period; or
2. The application is found to contain incorrect, false or misleading information; or
3. A court of competent jurisdiction has found the adult-oriented business to constitute a public nuisance; or
4. Any ground exists which would have constituted grounds for denial of the original application under Section 18.62.070; or
5. If, on one or more occasions within a twelve-month period, a person or persons has (have) been convicted of a felony or misdemeanor offense, which offense has occurred as a result of or has originated from such persons’ activity on the premises or property on which the adult-oriented business is located, and the person or persons were employees or agents of the adult-oriented business at the time the offenses were committed; or
6. The permittee or any employee of the permittee has knowingly allowed prostitution, or solicitation for prostitution, on the premises; or
7. That the adult-oriented business has employed minors.
B. Revocation Notice. Upon determining that the grounds for permit revocation exist, the community development director shall furnish written notice of the revocation to the permittee. Such notice shall summarize the principal reasons for the revocation, and shall state that the permittee may file an appeal of the director’s decision with the city clerk within twenty calendar days after the date of the notice and that absent a timely appeal, the revocation by the community development director is final. A timely appeal shall stay the revocation pending final decision by the city council.
C. Appeal. Upon receipt of a written appeal setting forth the grounds of the appeal and an appeal fee set in an amount to be determined by the city council, the city clerk shall schedule a public hearing on the appeal to be heard before the city council within twenty-one calendar days of receipt of such request. Notice of the appeal hearing shall be provided as required by Government Code Section 65091 and to any other interested party who has requested such notice. This time period may not be extended and the hearing may not be continued without written authorization of the permittee.
D. Hearing. At the hearing, the permittee, the city and all interested persons shall be entitled to present relevant evidence and testify under oath. The city council’s determination shall be based on the same factors as specified in Section 18.62.070. The city council shall not be bound by the traditional rules of evidence, except that hearsay evidence may not be the sole basis for the determination.
E. Within twenty-one calendar days of the conclusion of the hearing, the city council shall rule on the appeal and set forth its decision in writing, along with the reasons therefor. The applicant shall be provided with written notification of the decision and the reasons therefor within three working days of the decision.
F. The notice shall specify that the decision of the City Council is final and that any judicial action challenging the decision must be commenced in accordance with Code of Civil Procedure section 1094.8.
G. Notices of the revocation and of the decision, if appealed, shall be delivered by personal service or sending the same, certified mail, return receipt requested and postage prepaid, to the permittee as that name and address appear on the permit. In addition, the notices shall be posted at the location of the adult-oriented business. (Ord. 1601 § 66, 2000; Ord. 1498 § 3 (part), 1996)
18.62.140 Moratorium after revocation/denial.
If an adult-oriented business permit is revoked or denied, the applicant shall not be issued a new permit for a minimum period of two years from the date of revocation or denial, unless the city council finds that the basis for such revocation or denial has been corrected. (Ord. 1498 § 3 (part), 1996)
18.62.150 Discontinued use.
Notwithstanding any provision to the contrary in this code, if an adult-oriented business is abandoned for a period of six consecutive months, the city council shall, after public hearing, have the authority to revoke the adult-oriented business permit. The public hearing shall be noticed in accordance with Government Code Section 65091. (Ord. 1498 § 3 (part), 1996)
18.62.160 Regulations nonexclusive.
The regulations set forth in this chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of adult-oriented businesses as adopted by the city council of the city of Gardena. (Ord. 1498 § 3 (part), 1996)
18.62.170 Violation and penalty.
A. Every person, whether acting as an individual owner, employee of the owner, permittee, or operator or employee of the permittee, or whether acting as a mere helper for the owner, permittee employer or operator, or whether acting as a participant or worker in any way, who operates or conducts or who participates in the operation of an unpermitted adult-oriented business, or who violates any provisions of this chapter shall be guilty of a misdemeanor. Each day the violation continues shall be regarded as a separate offense for which the full penalty may be imposed.
B. Any establishment operated, conducted or maintained contrary to the provisions of this chapter is unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such adult-oriented business and restrain and enjoin any person from operating, conducting or maintaining such an establishment contrary to provisions of this chapter. (Ord. 1498 § 3 (part), 1996)
18.62.180 Existing adult-oriented businesses.
A. Any adult-oriented business lawfully existing on the effective date of the ordinance codified in this chapter which becomes a nonconforming use by reason of the adoption of this chapter shall cease operation, or otherwise be brought into full compliance with all the development and design standards set forth in Section 18.62.080 no later than one hundred eighty days following the date of written notice as provided in subsection C of this section (the “Section 18.62.080 amortization period”), unless an additional extension of said amortization period or waiver of conditions is granted upon application therefor pursuant to this section.
B. Any adult-oriented business lawfully existing on the effective date of the ordinance codified in this chapter which becomes a nonconforming use by reason of the adoption of this chapter shall cease operation, or otherwise be brought into full compliance with the zoning classification and distance requirements set forth in Section 18.62.070 no later than twenty years following the date of written notice as provided in subsection C of this section (the “Section 18.62.070 amortization period”), unless an additional extension of said amortization period or waiver of conditions is granted upon application therefor pursuant to this section. An adult-oriented business maintained as a nonconforming use that is sold, transferred or assigned may continue to be so maintained for the duration of the Section 18.62.070 amortization period subject to all other provisions of this chapter.
C. Any adult-oriented business which becomes a nonconforming use by reason of the adoption of this chapter shall be notified in writing of its nonconforming status by the director of community development by certified mail or personal service. Such notice shall be given to the property owner of record upon which such business is located, the owner of the business, and the holder of the business license for such business (to the extent such parties are different and are identifiable and accessible). Such notice shall also identify the applicable amortization periods as provided in subsections (A) and (B) of this section, and include a copy of this section describing the process for requesting an extension of such amortization periods. Failure of any person to actually receive such notice shall not effect the validity of any proceedings pursuant to this section.
D. Any application for an extension of the Section 18.62.070 and/or Section 18.62.080 amortization periods or for waiver of conditions must be filed by either the owner of the property upon which the business is located, the owner of the business, or the holder of the business license for the business, within one hundred eighty calendar days following the date of the notice. Such application shall be made in writing to the city clerk, shall include all of the information required by subsection E of this section, and shall be accompanied by the required application fee as established by the city council. The amortization periods specified in subsections (A) and (B) of this section shall be final and conclusive for all purposes in the absence of a timely filed application pursuant to this subsection D. A timely application shall stay the relevant amortization period.
E. A complete application shall include: (1) a written request for an extension of the applicable amortization period or periods which specifies the additional length of time requested for amortization or the specific conditions to be waived and the justification therefor, including but not necessarily limited to information relevant to the criteria for such extension as listed in subsection G of this section; (2) the signature of the applicant certifying under penalty of perjury that all of the information upon or submitted with the application is true and correct to the best of his or her information and belief; and (3) the required application fee.
F. The city clerk shall set the matter for hearing before the city council within forty-five calendar days following the receipt of the application. Notice of the hearing shall be given in accordance with Government Code Section 65091.
G. At the hearing, the city council shall receive the evidence and testimony regarding the criteria set forth in this subsection and shall determine whether the imposition of conditions or the amortization period or periods constitute an unconstitutional taking of property. If the city council determines that an amortization period or imposition of any of the conditions does constitute a taking, the city council shall prescribe a reasonable amortization period in which to bring the business into compliance or shall waive conditions provided that the use during the extension period or the waiver of conditions will not jeopardize, endanger, or otherwise constitute a menace to the public safety. The burden shall be on the applicant to demonstrate the unreasonableness of the amortization period or the imposition of conditions so as to constitute an unconstitutional taking. Applicant shall supply any records requested by the city council in making its determination.
H. Approval of any extension of the amortization periods specified in subsections (A) and (B) of this section may be conditioned upon phased compliance with certain requirements of these sections by various dates. Failure to comply with any such conditions or requirements of the extension within the time limit(s) specified in the extension decision shall be deemed an automatic expiration of the relevant amortization period without further notice, hearings or orders; provided, however, in no event shall an amortization period expire prior to the dates set forth in subsections (A) or (B) of this section, as applicable.
I. The city council shall issue its decision within thirty days of the close of the hearing. The city clerk shall send written notice of the decision to the applicant within three working days of the decision by first class mail, postage prepaid. The decision shall include written findings in support of the council’s determination and shall be based upon the evidence presented at the hearing. The notice shall specify that the decision of the city council is final and that any judicial action challenging the decision must be commenced within ninety days after the date of the decision in accordance with Code of Civil Procedure Section 1094.6.
J. The provisions of Sections 18.62.090 and 18.62.110 shall apply to existing adult-oriented businesses from and after the effective date of the ordinance codified in this chapter.
K. Except as otherwise provided in this section, any adult-oriented business lawfully existing on the effective date of the ordinance codified in this chapter which becomes a nonconforming use by reason of the adoption of this chapter shall be subject to the nonconforming provisions of Chapter 18.54 of this code. (Ord. 1498 § 3 (part), 1996)