Chapter 9-54
ADULT ENTERTAINMENT ESTABLISHMENTS*
Sections:
9-54.020 Permitted zoning district.
9-54.050 Permits required—Prohibitions.
9-54.060 Adult entertainment establishment regulatory permit and filing fee.
9-54.100 Transfer of adult entertainment establishment regulatory permits.
9-54.110 Adult entertainment establishment performer permit.
9-54.150 Adult entertainment establishment development and performance standards.
9-54.160 Register and permit number of employees.
9-54.170 Employment of and services rendered to persons under the age of eighteen years prohibited.
9-54.190 Regulations nonexclusive.
9-54.200 Employment of persons without permits unlawful.
9-54.220 Time limit for filing application for permit.
* Prior history: Prior code Sections 9-45.010 through and including 9-45.160.
Ordinance history: Ord. 98-8.
9-54.010 Legislative purpose.
It is the purpose of this chapter to regulate adult entertainment establishments in order to promote the health, safety, morals, and general welfare of the citizens of the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material, nor to circumvent the enforcement of California Penal Code Section 313 relating to the distribution or exhibition of harmful matter to minors. (Ord. 2000-2 § 2 (part))
9-54.020 Permitted zoning district.
No land use entitlement, permit (including building permit) approval, site plan, certificate of occupancy, zoning clearance, or other land use authorization, for an adult entertainment establishment, shall be granted or permitted within the city. As an exception to the general prohibition set forth herein, adult entertainment establishments shall be permitted within the village commercial (VC) commercial zoning district. Any adult entertainment establishment proposing to operate or locate within this zone shall comply with the criteria set forth in this chapter. (Ord. 2000-2 § 2 (part))
9-54.030 Location standards.
Except where the adult entertainment establishment is proposed to be located in an enclosed shopping mall, the following location standards apply:
A. An adult entertainment establishment shall not be established or located within one thousand (1,000) feet of: (1) any county or city zone or land use district which contains the words “residence” or “residential” within its title; (2) any residential use.
B. An adult entertainment establishment shall not be established or located within one thousand (1,000) feet of: (1) any church, chapel or similar place of worship, or property zoned, planned, or otherwise designated for such use; (2) any school, nursery, day care center, park or playground, or property zoned, planned, or otherwise designated for such use; or (3) any existing or proposed adult entertainment establishment.
C. All distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the building, or structure in which the adult entertainment establishment is, or will be located, to the nearest property line of any land use, land use district, or zone described in Section 9-54.020 of this chapter, or the nearest point of the building or structure in which an existing adult entertainment establishment is located. Subject to the foregoing, adult entertainment establishments shall be permitted in those areas designated in Section 9-54.020 of this chapter; provided, an adult entertainment regulatory permit shall be obtained.
(Ord. 2000-2 § 2 (part))
9-54.040 Definitions.
For the purpose of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:
“Adult entertainment establishment” means any one of the following:
1. Adult Arcade. The term “adult arcade,” as used in this chapter, is an establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
2. Adult Bookstore. The term “adult bookstore” as used in this chapter, is an establishment that has thirty (30) percent or more of its stock in books, magazines, periodicals, or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records, or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.
3. Adult Cabaret. The term “adult cabaret” as used in this chapter, means a nightclub, restaurant, or similar business establishment which: (a) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (b) which regularly features persons who appear semi-nude: and/or (c) shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
4. Adult Hotel/Motel. The term “adult hotel/motel,” as used in this chapter, means a hotel or motel or similar business establishment offering public accommodations, for any form of consideration, which: (a) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (b) rents, leases, or lets any room for less than a six hour period, or rents, leases, or lets any single room more than twice in a twenty-four (24) hour period.
5. Adult Motion Picture Theater. The term “adult motion picture theater,” as used in this chapter, means a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
6. Adult Theater. The term “adult theater,” as used in this chapter, means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.
7. Modeling Studio. The term “modeling studio,” as used in this chapter, means a business which provides, for pecuniary compensation, monetary, or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display “specified anatomical areas” to be observed, sketched, photographed, painted, sculpted, or otherwise depicted by persons paying such consideration. “Modeling studio” does not include schools maintained pursuant to standards set by the State Board of Education. “Modeling studio” further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available “specified sexual activities.”
“Adult entertainment establishment operator” (hereinafter “operator”) means a person who supervises, manages, inspects, directs, organizes, controls, or in any other way is responsible for or in charge of the premises of an adult entertainment establishment or the conduct or activities occurring on the premises thereof.
“Applicant” means a person who is required to file an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an adult entertainment establishment.
Bar. For the purposes of this chapter, a “bar” is defined as any commercial establishment licensed by the State Department of Alcohol Beverage Control to serve any alcohol beverages on the premises.
Distinguished or Characterized by an Emphasis Upon. As used in this chapter, the term “distinguished or characterized by an emphasis upon” means and refers to 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 of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal.App.3d 151 (1981).
“Figure model” means any person who, for pecuniary compensation, consideration, hire, or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed, or otherwise depicted.
“Health Officer” means any Code Compliance Officer of the city of Laguna Hills or his or her duly authorized representative.
“Nudity” or “a state of nudity” means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple.
Operate an Adult Entertainment Establishment. As used in this chapter, “operate an adult entertainment establishment” means the supervising, managing, inspecting, directing, organizing, controlling, or in any way being responsible for or in charge of the conduct of activities of an adult entertainment establishment or activities within an adult entertainment establishment.
“Permittee” means the person to whom an adult entertainment establishment permit is issued.
“Person” means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.
“Community Development Director” means the Community Development Director of the city of Laguna Hills or the authorized representative thereof.
Regularly Features. The term “regularly features” with respect to an adult theater or adult cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a thirty (30) calendar day period; three or more occasions within a sixty (60) calendar day period: or four or more occasions within a one hundred eighty (180) calendar day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.
“Semi-nude” means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.
Specified Anatomical Areas. As used herein, “specified anatomical areas” means and includes any of the following:
1. Less than completely and opaquely covered human: (a) genitals or pubic region; (b) buttocks; and (c) female breast below a point immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered;
3. Any device, costume, or covering that simulates any of the body parts included in subsections (1) or (2) of this definition.
Specified Sexual Activities. As used herein, “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 region, buttocks, anus, or female breast;
2. Sex acts, actual or simulated, including 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 (1) through (3) of this definition.
(Ord. 2000-2 § 2 (part))
9-54.050 Permits required—Prohibitions.
A. Adult Entertainment Establishment Regulatory Permit. It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city of Laguna Hills, the operation of an adult entertainment establishment unless the person first obtains and continues to maintain in full force and effect a permit from the city of Laguna Hills as herein required.
B. Adult Entertainment Establishment Performer Permit. It is unlawful for any persons to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult entertainment establishment unless the person first obtains and continues in full force and effect a permit from the city of Laguna Hills as herein required.
(Ord. 2000-2 § 2 (part))
9-54.060 Adult entertainment establishment regulatory permit and filing fee.
Every person who proposes to maintain, operate, or conduct an adult entertainment establishment in the city of Laguna Hills shall file an application with the Community Development Director upon a form provided by the city of Laguna Hills and shall pay a filing fee, as established by resolution adopted by the City Council from time to time. (Ord. 2000-2 § 2 (part))
9-54.070 Application.
A. Adult entertainment establishment regulatory permits are nontransferable, except in accordance with Section 9-54.100. Therefore, all applications shall include the following information:
1. If the applicant is an individual, the individual shall state his or her legal name, including any aliases, address, and submit satisfactory written proof that he or she is at least eighteen (18) years of age.
2. If the applicant is a partnership, the partners shall state the partnership’s complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.
3. If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process;
B. If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a ten percent or greater interest in the business entity shall sign the application;
C. If the applicant intends to operate the adult entertainment establishment under a name other than that of the applicant, the applicant shall file the fictitious name of the adult entertainment establishment and show proof of registration of the fictitious name;
D. A description of the type of adult entertainment establishment for which the permit is requested and the proposed address where the adult entertainment establishment will operate, plus the names and addresses of the owners and lessors of the adult entertainment establishment site;
E. The address to which notice of action on the application is to be mailed;
F. The names of all employees, agents, partners, directors, officers, shareholders, managers, and persons who will perform at the adult entertainment establishment, who are required by Section 9-54.110 to obtain an adult entertainment establishment performer license (for ongoing reporting requirements see Section 9-54.110);
G. A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult entertainment establishment. 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 inches;
H. A certificate and straight-line drawing prepared within thirty (30) calendar days prior to application depicting the building and the portion thereof to be occupied by the adult entertainment establishment, and: (1) the property line of any other adult entertainment establishment within one thousand (1,000) feet of the primary entrance to the adult entertainment establishment for which a permit is requested; and (2) the property lines of any church, school, park, residential zone or use within one thousand (1,000) feet of the primary entrance of the adult entertainment establishment;
I. A diagram of the off-street parking areas and premises entries of the adult entertainment establishment showing the location of the lighting system required by Section 9-54.150;
J. If the Community Development Director determines that the applicant has completed the application improperly, the Community Development Director shall promptly notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time of ten calendar days or less to complete the application properly. In addition, the applicant may request an extension, not to exceed ten calendar days, of the time for the Community Development Director to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time;
K. The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining an adult entertainment establishment regulatory permit.
(Ord. 2000-2 § 2 (part))
9-54.080 Investigation and action on application for adult entertainment establishment regulatory permit.
A. Upon receipt of a completed application and payment of the application and permit fees, the Community Development Director shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the applicant shall be issued an adult entertainment establishment regulatory permit.
B. Within ten business days of receipt of the completed application, the Community Development Director shall issue a temporary forty-five (45) day permit. The Community Development Director shall thereafter complete the investigation and grant or deny the annual permit within forty-five (45) calendar days in accordance with the provisions of this section, and so notify the applicant as follows:
1. The Community Development Director shall write or stamp “Granted” or “Denied” on the application and date and sign such notation.
2. If the application is denied, the Community Development Director shall attach to the application a statement of the reasons for denial.
3. If the application is granted, the Community Development Director shall attach to the application an adult entertainment establishment regulatory permit.
4. The application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application.
C. The Community Development Director shall grant the application and issue the adult entertainment establishment regulatory permit upon determining that the proposed business meets the locational criteria of Sections 9-54.020 and 9-54.030; and that the applicant has met all of the development and performance standards and requirements of Section 9-54.150. The permittee shall post the permit conspicuously in the adult entertainment establishment premises.
D. If the Community Development Director neither grants nor denies the application within forty-five (45) calendar days after it is stamped as received (except as provided in Section 9-54.070(J)), the permit shall be deemed to be granted as of the forty-fifth day and the applicant may begin operating the adult entertainment establishment for which the permit was sought, subject to compliance with the development and performance standards and requirements of Section 9-54.150.
E. Each adult entertainment establishment regulatory permit shall expire one year from the date of issuance or date deemed issued pursuant to subsection D of this section, and may be renewed only by filing with the Community Development Director a written request for renewal, accompanied by the permit fee and a copy of the permit (or application) to be renewed. The request for renewal shall be made at least forty-five (45) calendar days before the expiration date of the permit. When made less than forty-five (45) calendar days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided in this chapter for action upon applications for permits.
F. Any permit granted, including a temporary permit and a permit granted pursuant to subsection D of this section, shall be deemed to incorporate all of the provisions of Section 9-54.150 as applicable.
(Ord. 2000-2 § 2 (part))
9-54.090 Permit denial.
The Community Development Director shall deny the application for any of the following reasons:
A. The building, structure, equipment, or location used by the business for which an adult entertainment establishment regulatory permit is required does not comply with the requirements and standards of the building, health, zoning, fire and safety laws of the city and the state of California, or with the locational requirement or the development and performance standards and requirements (Sections 9-54.020, 9-54.030 and 9-54.150) of this chapter.
B. The applicant, his or her employee, agent, partner, director, officer, shareholder, or manager has knowingly made any false, misleading, or fraudulent statement of material fact in the application for an adult entertainment establishment regulatory permit.
C. An applicant is under eighteen (18) years of age.
D. The required application fee has not been paid.
E. The applicant, his or her employee, agent, partner, director, officer, shareholder, or manager has been convicted of any of the offenses set forth in Sections 313.1, 314, 315, 316, 266(a), 266(b), 266(c), 266(e), 266(f), 266(h), 266(l), 647(a), 647(b) and 647(d) of the California Penal Code as those sections now exist or may hereafter be amended or renumerated, and for which: less than two years have elapsed since the date of the conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is a misdemeanor offense; less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is a felony offense; less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or a combination of misdemeanor offenses occurring within a twenty-four (24) month period. A conviction includes a plea of “nolo contendere.”
(Ord. 2000-2 § 2 (part))
9-54.100 Transfer of adult entertainment establishment regulatory permits.
A. A permittee shall not operate an adult entertainment establishment under the authority of an adult entertainment establishment regulatory permit at any place other than the address of the adult entertainment establishment stated in the application for the permit.
B. A permittee shall not transfer ownership or control of an adult entertainment establishment or transfer an adult entertainment establishment regulatory permit to another person unless and until the transferee obtains an amendment to the permit from the Community Development Director stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the Community Development Director in accordance with Sections 9-54.060 and 9-54.070, accompanies the application with a transfer fee in an amount set by resolution of the City Council, and the Community Development Director determines that the transferee would be entitled to the issuance of an original permit.
C. No permit may be transferred when the Community Development Director has notified the permittee that the permit has been or may be suspended or revoked.
D. Any attempt to transfer a permit either directly or indirectly in violation of this section is declared void, and the permit shall be deemed revoked.
(Ord. 2000-2 § 2 (part))
9-54.110 Adult entertainment establishment performer permit.
A. No person shall engage in or participate in any live performance in a state of nudity, depicting specified anatomical areas, or involving specified sexual activities in an adult entertainment establishment, without a valid adult entertainment establishment performer permit issued by the city. All persons who have been issued an adult entertainment establishment regulatory permit shall promptly supplement the information provided as part of the application for the permit required by Section 9-54.060, with the names of all performers required to obtain an adult entertainment establishment performer permit, within thirty (30) calendar days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the adult entertainment establishment regulatory permit.
B. The Community Development Director shall grant, deny, and renew adult entertainment establishment performer permits.
C. The application for a permit shall be made on a form provided by the Community Development Director. An original and two copies of the completed and sworn permit application shall be filed with the Community Development Director.
D. The completed application shall contain the following information and be accompanied by the following documents:
1. The applicant’s legal name and any other names (including “state names” and 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. Whether the applicant has every been convicted of:
a. Any of the offenses set forth in Sections 313.1, 314, 315, 316, 266(a), 266(b), 266(c), 266(e), 266(f), 266(h), 266(i), 647(a), 647(b) and 647(d) of the California Penal Code as those sections now exist or may hereafter be amended or renumbered;
b. The equivalent of the aforesaid offenses outside the state of California;
c. For which: less than two years have elapsed since the date of the conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is a misdemeanor offense; less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is a felony offense; less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or a combination of misdemeanor offenses occurring within a twenty-four (24) month period;
d. A conviction under subsections (D)(5)(a) through (D)(5)(c) of this section includes a plea of “nolo contendere”;
6. Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing, or legal authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution;
7. State driver’s license or identification number;
8. Satisfactory written proof that the applicant is at least eighteen (18) years of age;
9. The applicant’s fingerprints on a form provided by the Police Department, and a color photograph clearly showing the applicant’s face. Any fees for the photographs and fingerprints shall be paid by the applicant;
10. If the application is made for the purpose of renewing a license, the applicant shall attach a copy of the license to be renewed.
E. The completed application shall be accompanied by a nonrefundable application fee. The amount of the fee shall be set by resolution of the City Council.
F. Upon receipt of an application and payment of the application fees, the Community Development Director shall immediately stamp the application as received and promptly investigate the application.
G. If the Community Development Director determines that the applicant has completed the application improperly, the Community Development Director shall promptly notify the applicant of such fact and grant the applicant an extension of time of not more than ten calendar days to complete the application properly. In addition, the applicant may request an extension, not to exceed ten calendar days, of the time for the Community Development Director to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.
(Ord. 2000-2 § 2 (part))
9-54.120 Investigation and action on application for adult entertainment establishment performer permit.
A. Within ten business days after receipt of the properly completed application, the Community Development Director shall issue a forty-five (45) day temporary permit. The Community Development Director shall grant or deny the annual permit within forty-five (45) calendar days and so notify the applicant as follows:
1. The Community Development Director shall write or stamp “Granted” or “Denied” on the application and date and sign such notation.
2. If the application is denied, the Community Development Director shall attach to the application a statement of the reasons for denial.
3. If the application is granted, the Community Development Director shall attach to the application an adult entertainment establishment performer permit.
4. The application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the residence address stated in the application.
B. The Community Development Director shall grant the application and issue the permit unless the application is denied for one or more of the reasons set forth in subsection D of this section.
C. If additional time to complete the investigation is needed based on good cause, the Community Development Director may take action on the application within an additional ten business days, by giving notice to the applicant in writing before the end of the forty-five (45) calendar day period, with an indication of the additional ten business day time period in which he or she must act. The temporary permit shall be extended by the same additional ten business days.
D. The Community Development Director shall deny the application for any of the following reasons:
1. The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a permit or in any report or document required to be filed with the application;
2. The applicant is under eighteen (18) years of age;
3. The adult entertainment establishment performer permit is to be used for performing in a business prohibited by state or city law;
4. The applicant has been registered in any state as a prostitute;
5. The applicant has been convicted of any of the offenses enumerated in Section 9-54.110(D)(5) or convicted of an offense outside the state of California that would have constituted any of the described offenses if committed within the state of California. A permit may be issued to any person convicted of the described crimes if the conviction occurred more than five years prior to the date of the application.
E. Each adult entertainment establishment performer permit shall expire one year from the date of issuance and may be renewed only by filing with the Community Development Director a written request for renewal, accompanied by the application fee and a copy of the permit to be renewed. The request for renewal shall be made at least thirty (30) calendar days before the expiration date of the permit. When made less than thirty (30) calendar days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided herein for applications for permits.
F. Each permit granted shall be deemed to incorporate the provisions of Section 9-54.150 as applicable.
(Ord. 2000-2 § 2 (part))
9-54.130 Suspension or revocation of adult entertainment establishment regulatory permits and adult entertainment establishment performer permits.
An adult entertainment establishment regulatory permit or adult entertainment establishment performer permit may be suspended or revoked in accordance with the procedures and standards of this section.
A. On determining that grounds for permit revocation exist, the Community Development Director shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing before the City Manager, and the ground or grounds upon which the hearing is based, the pertinent code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally or to the person effectively in control of the adult entertainment establishment at the time of delivery, at least ten calendar days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the City Manager, but at a minimum shall include the following:
1. All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing may be continued for a reasonable time for the convenience of a party or a witness. The City Manager’s decision may be appealed in accordance with Section 9-54.140.
B. In addition to violations of the city’s Municipal Code, including the provisions of this chapter, a permit may be subject to suspension or revocation, or a permittee may be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee or an employee, agent, partner, director, stockholder, or manager of an adult entertainment establishment or an independent contractor who is performing at the establishment:
1. The permittee has knowingly made any false, misleading, or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the city;
2. The permittee, employee, agent, partner, director, stockholder, or manager of an adult entertainment establishment has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult entertainment establishment, or in the case of an adult entertainment establishment performer, the permittee has engaged in one of the activities described below while on the premises of an adult entertainment establishment:
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 Subdivision b of Section 647 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. Failure to abide by any disciplinary action previously imposed by the City Manager or City Council.
C. After holding the hearing in accordance with the provisions of this section, if the City Manager finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the Community Development Director shall impose one of the following:
1. A warning;
2. Suspension of the permit for a specified period not to exceed six months;
3. Revocation of the permit.
(Ord. 2000-2 § 2 (part))
9-54.140 Appeal of denial, suspension, or revocation to the City Council, expedited review of free speech claim, and automatic stay of enforcement.
A. After denial of an application for an adult entertainment establishment regulatory permit or an adult entertainment establishment performer permit, or after denial of renewal of a permit, or suspension or revocation of a permit, the applicant or person to whom the permit was granted may seek review of such action by filing a written appeal with the City Council. An appeal must be filed with the City Clerk within ten calendar days of a denial, suspension, or revocation of a permit. The hearing before the City Council shall be held no less than five business days from the date of the filing of the appeal or at the next regularly scheduled meeting of the City Council. The City Council shall issue its decision within ten calendar days of the hearing. The decision of the City Council shall be final. If the denial, suspension, or revocation is affirmed on review by the City Council, the applicant or permittee may seek expedited judicial review of such administrative action pursuant to California Code of Civil Procedure Section 1094.8 because the permit regulates expressive conduct protected by the First Amendment to the United States Constitution. The applicant or permittee shall be responsible for reimbursing the city for its actual costs for transcribing, copying, or otherwise preparing the administrative record required for court hearing.
B. There shall be an automatic stay of enforcement of a permit denial, suspension, or revocation throughout the administrative and/or judicial appeal process.
(Ord. 2000-2 § 2 (part))
9-54.150 Adult entertainment establishment development and performance standards.
A. The establishment shall comply with all city building regulations, landscaping, signage and parking requirements, and all requirements of the Orange County Fire Authority.
B. At no time shall any adult entertainment establishment be open for private parties or other similar functions.
C. No adult entertainment establishment shall be operated in any manner that permits the observation of any material or activities depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” from any public way or from any location outside the building or area of 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 shall be covered with opaque covering at all times.
D. All off-street parking areas and entries to the premises of the adult entertainment establishment shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one footcandle of light 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 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 premises within which the adult entertainment establishment 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.
F. The entrances to an adult entertainment establishment shall be clearly and legibly posted with a notice indicating that persons under eighteen (18) years of age are precluded from entering the premises. The notice shall be constructed and posted to the satisfaction of the Community Development Director or designee. No person under the age of eighteen (18) years shall be permitted within the premises at any time.
G. All indoor areas of the adult entertainment establishment within which patrons are permitted, except rest rooms, shall be open to view by the management at all times.
H. Any “adult arcade” shall comply with the following provisions:
1. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this subsection must be direct line of sight from the manager’s station.
2. The view area specified in subsection (H)(5) of this section shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. No patron is permitted access to any area of the premises, which has been designated as an area in which patrons will not be permitted.
3. No viewing room may be occupied by more than one person at any one time.
4. The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any two such rooms such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two such booths or rooms.
5. Customers, patrons or visitors shall not be allowed to stand idly by in the vicinity of any such video booths, or from remaining in the common area of such business, other than the restrooms, who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.
6. The floors, seats, walls, and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen, or saliva in any such booths shall be evidence of improper maintenance and inadequate sanitary controls; repeated instances of such conditions may justify suspension or revocation of the owner and operator’s license to conduct the adult entertainment establishment.
I. All areas of the adult entertainment establishment shall be illuminated at a minimum of the following footcandles, minimally maintained and evenly distributed at ground level:
|
Area |
Footcandles |
|
Bookstore and other retail establishments |
20 |
|
Theaters and cabarets |
5 (except during performances, at which times lighting shall be at least 1.25 footcandles) |
|
Arcades |
10 |
|
Motels/hotels |
20 (public areas) |
|
Modeling studios |
20 |
J. The adult entertainment establishment 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, and female patrons and employees shall be prohibited from using the rest room(s) for males, 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 other motion picture or video projection, recording, or reproduction equipment. The foregoing provisions of this paragraph shall not apply to an adult entertainment establishment which deals exclusively with 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.
K. The following additional requirements shall pertain to adult entertainment establishments providing live entertainment depicting specified anatomical areas or involving specified sexual activities.
1. No person shall perform live entertainment for patrons of an adult entertainment establishment 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 feet from the nearest area occupied by patrons, and no patron shall be permitted within ten feet of the stage while the stage is occupied by an entertainer. “Performer” shall mean any person who is an employee or independent contractor of the adult entertainment establishment, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult entertainment establishment.
2. The adult entertainment establishment shall provide separate dressing room facilities for performers that are exclusively dedicated to the performer’s use.
3. The adult entertainment establishment shall provide an entrance/exit for performers, which is separate from the entrance/exit used by patrons.
4. The adult entertainment establishment 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 entertainment establishment shall provide a minimum three-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 the performers capable of (and which actually results in) preventing any physical contact between patrons and performers.
5. No performer, 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 on the premises of the adult entertainment establishment.
6. Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the separations between performers and patrons required by this subsection.
7. No patron shall directly pay or give any gratuity to any performer and no performer shall solicit any pay or gratuity from any patron.
8. No owner or other person with managerial control over an adult entertainment establishment (as that term is defined in this chapter) shall permit any person on the premises of the adult entertainment establishment to engage in a state of nudity or 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 provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered.
I. Adult entertainment establishments shall employ security guards in order to maintain the public peace and safety, based upon the following standards:
1. Adult entertainment establishments featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than thirty-five (35) persons, an additional security guard shall be on duty.
2. Security guards for other adult entertainment establishments may be required if it is determined by the Community Development Director that their presence is necessary in order to prevent any of the conduct listed in Section 9-54.130(B) from occurring on the premises.
3. Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of 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 subsection shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager’s station while acting as a security guard.
The foregoing applicable requirements of this section shall be deemed conditions of adult entertainment establishment regulatory permits and adult entertainment performer permits, and the failure to comply with every such applicable requirement shall be grounds for revocation of the permit.
(Ord. 2000-2 § 2 (part))
9-54.160 Register and permit number of employees.
A. Every adult entertainment establishment shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such adult entertainment establishment in a conspicuous place so that the same may be readily seen by all persons entering the adult entertainment establishment.
B. The Community Development Director shall provide each adult entertainment establishment performer required to have a permit pursuant to the chapter with an identification card containing the name, address, photograph, and permit number of such performer.
C. An adult entertainment establishment performer shall have such card available for inspection at all times during which such person is on the premises of the adult entertainment establishment.
(Ord. 2000-2 § 2 (part))
9-54.170 Employment of and services rendered to persons under the age of eighteen years prohibited.
A. It is unlawful for any permittee, operator, or other person in charge of any adult entertainment establishment to employ, or provide any service for which it requires such permit, to any person who is not at least eighteen (18) years of age.
B. It is unlawful for any permittee, operator, or other person in charge of any adult entertainment establishment to permit to enter, or remain within the adult entertainment establishment, any person who is not at least eighteen (18) years of age.
(Ord. 2000-2 § 2 (part))
9-54.180 Inspection.
An applicant or permittee shall permit representatives of the Police Department, Health Department, Fire Department, Planning Division, or other city departments or agencies to inspect the premises of an adult entertainment establishment for the purpose of insuring compliance with the law and the development and performance standards applicable to adult entertainment establishments, at any time it is occupied or opened for business. A person who operates an adult entertainment establishment 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 open for business. (Ord. 2000-2 § 2 (part))
9-54.190 Regulations nonexclusive.
The provisions of this chapter regulating adult entertainment establishments are not intended to be exclusive and compliance therewith shall not excuse noncompliance with state law and any other regulations pertaining to the operation of businesses as adopted by the city. (Ord. 2000-2 § 2 (part))
9-54.200 Employment of persons without permits unlawful.
It is unlawful for any owner, operator, manager, or permittee in charge of or in control of an adult entertainment establishment, which provides live entertainment depicting specified anatomical areas or involving specified sexual activities to allow any person to perform such entertainment who is not in possession of a valid, unrevoked adult entertainment establishment performer permit. (Ord. 2000-2 § 2 (part))
9-54.210 Public nuisance.
In addition to the remedies set forth in this code, any adult entertainment establishment that is operating in violation of these provisions regulating adult entertainment establishments is declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation. (Ord. 2000-2 § 2 (part))
9-54.220 Time limit for filing application for permit.
All persons who possess an outstanding business license heretofore issued for the operation of an adult entertainment establishment and all persons required by this chapter to obtain an adult entertainment establishment performer permit must apply for and obtain such a permit within ninety (90) calendar days of the effective date of this chapter. Failure to do so and continued operation of an adult entertainment establishment, or the continued performances depicting specified anatomical areas or specified sexual activities in an adult entertainment establishment after such time without a permit shall constitute a violation of this chapter. (Ord. 2000-2 § 2 (part))