ARTICLE 85
ADULT BUSINESS REGULATIONS
25-85-1: DEFINITIONS:
ADULT ORIENTED BUSINESS: Any business where employees or patrons expose “specified anatomical areas” or engage in “specified sexual activities”, or any business which offers to its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing, or relating to “specified sexual activities” or “specified anatomical areas”.
Adult oriented businesses do not include bona fide medical establishments operated by properly licensed and registered medical personnel with appropriate medical credentials for the treatment of patients.
In determining whether a use is an adult oriented business, only conduct or activities which constitute a regular and substantial course of conduct or a use which has a majority of its floor area, stock in trade, or revenue derived from material characterized by an emphasis on matters depicting, exposing, describing, discussing, or relating to “specified sexual activities” or “specified anatomical areas” shall be considered. Isolated instances of conduct or activities described in this section as characterizing an adult oriented business shall not be considered except where such activities, taken together, constitute a regular and substantial course of conduct.
Adult oriented businesses include, but are not limited to, the following:
Adult Arcade: Any place to which the public is permitted or invited wherein coin operated or slug operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projections, or other image producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas”.
Adult Bookstore: An establishment having, as a substantial portion of its stock in trade, and offering for sale for any form of consideration, any one or more of the following:
A. Books, magazines, periodicals, or other printed matter, photographs, films, motion pictures, videocassettes, slides, or other visual representations which are characterized by an emphasis upon the depiction or description of “specified anatomical areas”;
B. Instruments, devices, or paraphernalia which are designed for use in connection with “specified sexual activities”; or
C. Goods which are replicas of, or which simulate, “specified anatomical areas” or “specified sexual activities” or goods which are designed to be placed on or in “specified anatomical areas”, or to be used in conjunction with “specified sexual activities”, to cause sexual excitement.
Adult Cabaret: A bar, nightclub, or similar establishment which features dancers, strippers, or similar entertainers who expose “specified anatomical areas” of their bodies.
Adult Motel: A hotel, motel, or similar commercial establishment which:
A. Offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas” and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions; or
B. Offers a room for rent for a period of time that is less than ten (10) hours; or
C. Allows a tenant or occupant of a room to subrent the room for a period of time that is less than ten (10) hours.
Adult Motion Picture Theater: A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depictions or description of “specified sexual activities” or “specified anatomical areas”.
Adult Tanning Salon Or Parlor: A business establishment where patrons receive tanning services in groups of two (2) or more and where patrons or employees of the establishment expose specified anatomical areas. “Adult tanning salon” or “parlor” shall also include a business establishment where a patron and an employee of the establishment are nude or expose specified anatomical areas. An “adult tanning salon” or “parlor” shall also include a business establishment where the employees thereof are nude or expose “specified anatomical areas”.
Adult Theater: Any place, building, enclosure, theater, concert hall, auditorium, or structure, partially or entirely used for live performances or presentations, which place, building, enclosure, theater, concert hall, auditorium, or structure is used for presenting matter characterized by an emphasis on depicting, exposing, describing, or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein. Such place shall also include an adult theater wherein persons are regularly featured appearing in a state of nudity or giving live performances which are characterized by the exposure of “specified sexual activities” or by “specified anatomical areas”.
Escort Agency: A person or business entity which furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for any form of consideration.
Nude Model Studio: Any place where a person who appears in a state of nudity or displays “specified anatomical areas” is provided to be conversed with or be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons, for any form of consideration. “Nude model studio” shall not include any classroom of any school licensed under state law to provide art education while such classroom is being used in a manner consistent with such state license.
Sex Supermarket/Sex Minimall: The establishment or operation of more than one type of adult oriented business or use as defined in this zoning code within the same building.
Sexual Encounter Center: A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
A. Physical contact in the form of wrestling or tumbling between persons of the opposite sex when one or more of the persons is in a state of nudity or is seminude or is exhibiting specified anatomical areas; or
B. Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or is seminude or is exhibiting specified anatomical areas.
Sexual Novelty Store: An establishment having, as a substantial portion of its stock in trade, goods which are replicas of, or which simulate “specified anatomical areas” or “specified sexual activities”, or goods which are designed to be placed on or in “specified anatomical areas” or to be used in conjunction with “specified sexual activities”, to cause sexual excitement.
Sexually Oriented Business: Any business, where employees or patrons expose “specified anatomical areas” or engage in or simulate “specified sexual activities”, or any business which offers to its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing, or relating to “specified sexual activities” or “specified anatomical areas”.
ESCORT: Any person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a “striptease” for another person. Escort shall not include any person hired by a state licensed school for purposes of modeling in any art education class while such person acts in that capacity.
ESTABLISHMENT: Means and includes any of the following:
A. The opening or commencement of any adult oriented business as a new business;
B. The conversion of an existing business, whether or not an adult oriented business, to any adult oriented business;
C. The addition of any adult oriented business to any other existing adult oriented business; or to another existing nonadult oriented business, with or without expansion of floor area;
D. The relocation of any adult oriented business; or
E. The expansion or enlargement of the premises by ten percent (10%) or more of the existing floor area.
NUDITY OR A STATE OF NUDITY: The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast.
PRIVATE VIEWING AREA: An area or areas in an adult oriented business designed to accommodate no more than five (5) or less patrons or customers for purposes of viewing or watching a performance, picture, show, film, videotape, slide, movie, or other presentation. No private viewing areas shall be established, maintained, or authorized, and there shall be no doors, curtains, stalls, or other enclosures creating a private viewing area.
SEMINUDE: A state of dress in which clothing, including supporting straps or devices, covers no more than the genitals, pubic region, and areolae of the female breast.
SPECIFIED ANATOMICAL AREAS: Shall include any of the following human anatomical areas:
A. Less than completely and opaquely covered genitals, pubic regions, buttocks, anuses, or female breasts below a point immediately above the top of the areolae; or
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED CRIMINAL ACT: Shall also mean “specified criminal acts” and include sexual crimes against children; sexual abuse; rape; or crimes connected with another adult oriented business including, but not limited to, the distribution of obscenity; violations involving the distribution, display, or sale of material harmful to minors; prostitution; or pandering. “Specified criminal acts” shall exclude those acts which are authorized or required to be kept confidential pursuant to Welfare and Institutions Code sections 600 to 900.
SPECIFIED SEXUAL ACTIVITIES: Includes all of the following:
A. The fondling or other erotic touching of the following human anatomical areas: genitals, pubic regions, buttocks, anuses, or female breasts;
B. Human sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
C. Human masturbation, actual or simulated;
D. The actual or simulated infliction of pain by one human upon another, or by an individual upon himself or herself, for the purpose of the sexual gratification or release of either individual, as a result of flagellation, beating, striking, or touching of an erogenous zone, including, without limitation, the thigh, genitals, buttock, pubic region, or, if such person is a female, a breast;
E. Sexual intercourse, actual or simulated, between a human being and an animal; or
F. Human excretory functions. (Ord. #1563, §3)
25-85-2: CONDITIONAL USE PERMIT APPLICATION:
Adult oriented businesses shall only be permitted in the manufacturing zone district. In order to operate an adult oriented business within this city, the applicant or proprietor of the business must obtain any license required by the municipal code and a conditional use permit as required herein. All applicants for such a permit shall file a written, signed, and verified application on a form provided by the development services director evidencing the following:
A. The name and permanent address of the applicant;
B. The name and business address of the applicants. If the applicant is a corporation, the applicant shall provide the name of and the state of incorporation. The name shall be exactly as set forth in its articles of incorporation, and the applicant shall show the name and address of each of the officers, directors, and controlling stockholders owning no less than ten percent (10%) of the stock of the corporation. If the applicant is a partnership, the application shall show the name and address of each of the partners, including limited partners;
C. Location and address of the proposed adult oriented business;
D. Legal description of the subject property;
E. A detailed description of the manner of providing proposed entertainment, including type of entertainment and the number of persons engaged in the entertainment;
F. Proposed hours of operation;
G. A floor plan showing where the specific entertainment uses are proposed to be conducted within the building;
H. The name or names of the person or persons having responsibility for the management or supervision of the applicant’s business and of any entertainment; and
I. Statement of the nature and character of the applicant’s business, if any, to be carried on in conjunction with such entertainment.
Notwithstanding the fact that an application filed hereunder may be a “public record” under Government Code section 6250 et seq., certain portions of such application contain information vital to the effective administration and enforcement of the licensing and/or permit scheme established herein which is personal, private, confidential, or the disclosure of which could expose the applicant to a risk of harm. Such information includes, but is not limited to, the applicant’s residence address and telephone number, the applicant’s date of birth and/or age, the applicant’s driver’s license and/or social security number, and/or personal financial data. The city council in adopting the application and licensing and/or permit system set forth herein has determined in accordance with Government Code section 6255 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this article by ensuring that the applicant’s privacy, confidentially, or security interests are protected. The city clerk shall cause to be obliterated from any copy of a completed license application made available to any member of the public, the information set forth above. (Ord. #1563, §3)
25-85-3: INVESTIGATION OF APPLICATION INFORMATION:
The development services director shall refer the permit application to the designated head of the law enforcement agency providing police services to the city for an investigation to be made of such information as is contained on the application.
A. After an investigation, including obtaining the information pursuant to this municipal code, the designated head of the law enforcement agency providing police services to the city shall issue a report to the development services director or the planning commission, as appropriate, and the development services director or the planning commission, as appropriate, shall approve the permit unless one or more of the following findings is true:
1. That the applicant, his or her employee, agent, partner, director, officer, controlling stockholder, or manager has knowingly made any false, misleading, or fraudulent statement of material fact in the application for a permit, or in any report or record required to be filed with any city or county agency or department.
2. That on the date that the business for which a permit is required herein commences, or thereafter, there will be no responsible person on the premises to act as manager at all times during which the adult oriented business is open.
3. That an applicant is under eighteen (18) years of age.
4. That an applicant has been convicted of a “specific criminal act” for which:
a. Less than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the “specified criminal acts” which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult oriented business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering.
b. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense; for the “specified criminal acts” which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult oriented business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering.
c. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two (2) or more misdemeanors for the “specified criminal acts” which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult oriented business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering; or conviction of any such offense occurring within twenty four (24) months prior to application.
d. The fact that a conviction is being appealed shall have no effect on disqualification of the applicant.
e. An applicant who has been convicted of any of the above described “specified criminal acts” may qualify to own, operate, or manage an adult oriented business only when the required time period has elapsed.
B. In the event the information is not immediately available, the designated head of the law enforcement entity providing police services to the city shall, if the application otherwise meets the requirements of this municipal code and the investigation conducted reveals none of the factors set forth in subsection A of this section, issue a report thereon and the permit shall issue therefrom. Whereupon, the city manager, or designee thereof, shall issue the permit. Should the information obtained materially vary from that on the application, such variance shall be cause to revoke the permit. Any license issued prior to the city receiving the information required by this municipal code shall state clearly on its face that the license is subject to suspension or revocation pursuant to this municipal code.
C. The city’s decision to grant or deny the permit shall not include information authorized or required to be kept confidential pursuant to Welfare and Institutions Code sections 600 to 900. (Ord. #1563, §3)
25-85-4: CONDITIONAL USE PERMIT; CHANGED CONDITIONS:
Any conditional use permit granted or approved hereunder shall be granted or approved with the city and its city council and planning commission retaining and reserving the right and jurisdiction to review and modify the permit, including the conditions of approval, based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the business, the change in scope, emphasis, size, or nature of the business, and the expansion, alteration, or change of use. The reservation of the right to review any permit granted or approval hereunder by the city, its city council, and planning commission is in addition to, and not in lieu of, the right of the city, its city council, and planning commission to review and revoke or modify any permit granted or approved hereunder for any violations of the conditions imposed on such permit. (Ord. #1563, §3)
25-85-5: TIME LIMIT FOR LAND USE REVIEW AND DECISIONS:
A. Interim CUP:
1. The development services director shall accept as complete, or deny as incomplete, the application for a conditional use permit (CUP) for a business protected by the first amendment of the United States constitution within ten (10) days from the date on which an application is submitted to the director.
2. In order to avoid undue delay or suppression of any protected expression, the development services director shall make an initial determination that the required information is contained in the application to process an interim CUP within five (5) days of the date of filing the application. If the application is sufficient to issue an interim CUP, such shall be issued by the development services director within ten (10) days of the date the application was filed. A sufficient application shall include, but not be limited to, the applicant’s meeting the requirements to be issued an adult oriented business license required by this municipal code and the proposed business must be located in the manufacturing district, and subject to the locational and setback requirements of section 25-30-4 of this chapter. The granting of the interim CUP by the development services director is without prejudice to and does not preclude the denial of the final CUP application filed by the applicant. The interim CUP shall terminate upon the planning commission taking action on the final CUP. No right to operate beyond the termination of the interim CUP for a first amendment protected business shall vest in the applicant if the applicant is unable or unwilling to obtain the adult oriented business license required by this municipal code and the final CUP required by this section.
B. Final CUP: The planning commission shall approve or disapprove the completed CUP application within ninety (90) days of its acceptance as complete by the director. The time limit established by this section may be extended once for a period not to exceed ninety (90) days upon consent of the development services director and the applicant.
1. To approve the final CUP, the planning commission, or city council on appeal, must first make the following findings:
a. That all applicable filing fees have been paid.
b. That the applicant is not overdue in payment to the city of any taxes, fees, fines, or penalties assessed against or imposed in relation to an existing or former adult oriented business.
c. That the building, structure, equipment, and location used by the business for which an adult oriented business license is required complies with the requirements and standards of the health, building, zoning, fire, and safety laws of the state of California, the Lynwood fire department, and the city of Lynwood.
d. That the conduct of the adult oriented business as proposed by the applicant, if permitted, will comply with all applicable laws; including, but not limited to, the city’s building, zoning, fire, and health and safety regulations.
e. That the city currently has no evidence demonstrating that the applicant has knowingly made any false, misleading, or fraudulent statement of material facts in the CUP application or any other document required by the city in conjunction therewith.
f. That the use is permitted in the zone, district, or area in which it is proposed to be located and is in conformity with the applicable development standards of that zone, district, or area, including the provision of required parking.
g. That the use is in conformity with the locational criteria set forth in section 25-85-9 of this article.
h. That the design of the site and the proposed improvements are in compliance with all applicable design provisions of section 25-85-9 of this article.
i. That the proposed conduct of the adult oriented business is in compliance with all applicable performance standards of section 25-85-9 of this article.
2. In the event the planning commission, or the city council on appeal, denies the final CUP application, the business shall cease its operations as an adult oriented business and no further activities regulated by this zoning code or this municipal code shall be conducted on the premises unless and until a CUP and a license required by this municipal code is obtained. The interim CUP shall also terminate on the date the CUP application is denied.
C. Time Limits: If the permit requested is for a development project for construction or reconstruction subject to the permit streamlining act (Government Code section 65920 et seq.), the time limits provided in the permit streamlining act shall apply to the conditional use permit’s approval or denial.
D. Decision On Appeal: Upon the filing of an appeal, the planning commission or the city council shall render its decision on the appeal within sixty (60) days. (Ord. #1563, §3)
25-85-6: APPLICABILITY AND NONCONFORMING PERIOD:
A. All design and performance standards set forth in this article are deemed to be necessary for the protection of the public health, safety, and welfare and shall be applicable and govern all existing and proposed adult oriented businesses immediately upon adoption and passage of this article.
B. In the event that there is any adult oriented business lawfully in existence prior to the adoption of this article and not in compliance with the design and performance standards of this article, any such adult oriented business shall conform to all design and performance standards within twelve (12) months of the effective date of this article. (Ord. #1563, §3)
25-85-7: EXTENSION OF NONCONFORMING VERSUS AMORTIZATION PERIOD:
A. An application for extension of the amortization period for an adult oriented business which is a nonconforming use shall be made as provided in article 165 of this chapter.
B. The owner of the property on which an adult oriented business is located or the owner of the adult oriented business who desires to extend the amortization period must apply for approval of an extension not later than six (6) months prior to expiration of the amortization period, unless the development services director determines that good cause is shown for late filing of the application. Such application shall be made in writing on a form as prescribed by the development services director and shall be accompanied by the required fee as established by resolution of the city council. The party requesting the extension of the amortization period shall bear the burden of proof in establishing that the amortization period established by section 25-85-8 of this article is unreasonable and that the requested extension is a reasonable amortization period for the owner to receive a fair rate of return on the investment in the business. The party applying for the extension shall furthermore be required in order to meet its burden of proof to submit the documentation set forth in this section.
C. Not later than thirty (30) days after submittal of an application to extend the amortization period, the development services director shall notify the applicant, in writing, if the application is not complete. A complete application shall include:
1. The applicant’s signature;
2. A written request for an extension of the amortization period which shall include information relevant to the factors listed in subsection D of this section and shall identify the term of the requested extension;
3. The required fees;
4. A mailing list and a set of gummed labels with the names, addresses, and tax assessor parcel numbers of all owners of real property within a radius of three hundred feet (300') from the external boundaries of the property on which the adult oriented business is located; and
5. A tax assessor’s parcel map identifying the properties to be notified within the three hundred foot (300') radius.
If the application is not complete, the development services director shall specify in writing those parts which are incomplete and shall identify the manner by which the application can be made complete. If a written determination is not provided to the applicant within thirty (30) calendar days after it is submitted, the application shall be deemed complete.
D. In determining whether to grant an extension of the amortization period for an adult oriented business which is a nonconforming use, and in determining the appropriate length of such an extension, the reviewing authority shall consider the amount of investment in the business, the opportunities for relocation to a legally permissible site, the costs of relocation, the effects of the business on the surrounding area, and the following additional factors:
1. The present actual and depreciated value of business improvements;
2. The applicable internal revenue service depreciation schedule or functional nonconfidential equivalents;
3. The remaining useful life of the business improvements;
4. The remaining lease term;
5. The ability of the business and/or landowner to change the use to a conforming use; and
6. The date upon which the property owner and/or business operator received notice of the nonconforming status of the adult oriented business and the amortization requirements.
E. The planning commission, or city council on appeal, shall receive and consider evidence presented by the applicant and any other persons, and shall make findings that the amortization period it establishes is reasonable in view of the evidence and the criteria set forth above. (Ord. #1563, §3)
25-85-8: CONTINUATION OF NONCONFORMING BUILDINGS AND USES:
Notwithstanding the provisions of sections 25-85-6 and 25-85-7 of this article, the following provisions shall apply to adult oriented businesses:
A. Any adult oriented business which is a nonconforming use on January 1, 1999, shall be subject to an amortization period expiring January 1, 2003, and any adult oriented business which becomes a nonconforming use after January 1, 1999, shall be subject to an amortization period of three (3) years commencing on the date the use becomes nonconforming.
B. The owner of any adult oriented business which is a nonconforming use may apply for extension of the amortization period, pursuant to article 165 of this chapter. Such application shall be made prior to the expiration of the amortization period unless the reviewing authority determines that good cause is shown for late filing of the application.
C. Upon the conclusion of the amortization period, any adult oriented business which is a nonconforming use shall cease all business operations and all signs, advertising, and displays relating to said business shall be removed within thirty (30) days. (Ord. #1563, §3)
25-85-9: LOCATION, DESIGN, AND PERFORMANCE STANDARDS:
A. An adult oriented business shall not be established or located within one thousand feet (1,000') of:
1. Any residential use;
2. Any church, chapel, or similar place of worship, or property zoned, planned, or otherwise designated for such use by city action;
3. Any school, nursery school, daycare center, park, or public or private playground, or property zoned, planned, or otherwise designated for such use by city action; or
4. Any other recreational facility where minors congregate, or property zoned, planned, or otherwise designated for such use by city action.
B. An adult oriented business shall not be established or located within one thousand feet (1,000') of an existing adult oriented business. If two (2) or more existing adult oriented businesses are located in closer proximity to each other than one thousand feet (1,000'), then in determining which of the businesses is or are nonconforming, preference shall be given in the order of the respective lengths of continuous uninterrupted operation of the businesses.
C. For the purposes of this section, 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 oriented business is or will be located to the nearest property line of any land use, land use district, or zone described in subsection A of this section, or to the nearest point of the building or structure in which an existing adult oriented business described in subsection B of this section is located.
D. No advertising sign or structure, advertisement, display, or other promotional material depicting “specified anatomical areas” or “specified sexual activities” or displaying instruments, devices, or paraphernalia designed for use in connection with “specific sexual activities”, shall be shown or exhibited so as to be visible from any exterior area.
E. All building openings, entries, and windows shall be located, covered, or screened to prevent viewing the interior from any exterior area.
F. No loudspeaker or sound equipment audible to persons in any public exterior area shall be used in connection with an adult oriented business, and the business shall be so conducted that sounds associated with the business are not emitted into any public exterior area.
G. The establishment of an adult oriented business shall comply with the applicable site development standards, including parking, of the zone, district, or area in which the adult oriented business is located, the building code, fire code, and the health and safety code of the city of Lynwood. An adult oriented business shall comply with the applicable city of Lynwood permit and inspection procedures. In addition, adult oriented businesses shall comply with the following performance standards:
1. Each adult oriented business shall have a business entrance separate from any other nonadult business located in the same building.
2. No adult oriented business shall be operated in any manner that permits the observation by the public of any material depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” from any public way or from any location beyond the walls of the building or portion thereof in which the adult oriented business is conducted.
3. The building entrance to the adult oriented business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises.
4. Each adult oriented business shall be provided with a manager’s station for the purpose of supervising activities within the business. A manager shall be on duty on the premises during all times that the adult oriented business is open to the public.
5. Any viewing room shall be visible from the manager’s station of the adult oriented business, and visibility of the entire viewing room from the manager’s station shall be neither obscured nor obstructed by any curtain, door, wall, or other structure.
6. All exterior areas of adult oriented businesses, including buildings, landscaping, and parking areas, shall be maintained in a clean and orderly manner free of trash, weeds, and debris.
7. The maximum occupancy load, fire exits, fire lanes, and fire suppression equipment shall be regulated, designed, and provided in accordance with the regulations and standards of the Lynwood fire department and the city’s building department.
8. No adult oriented business shall operate between the hours of two o’clock (2:00) A.M. and nine o’clock (9:00) A.M. of any particular day. The planning commission, or city council on appeal, shall establish the actual permitted hours of operation for each permit approved or granted. No owner, operator, manager, or employee of an adult oriented business, regardless of whether or not a permit has been issued for said business under the provisions of this zoning code, shall allow such business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of two o’clock (2:00) A.M. and nine o’clock (9:00) A.M. of any particular day or in violation of the actual permitted hours of operation established in the conditions of approval for the permit.
9. Any person who operates or causes to be operated an adult oriented business, other than an adult motel and regardless of whether or not an adult oriented business license has been issued to said business under this zoning code, which exhibits on the premises in a viewing room or viewing booth of less than one hundred fifty (150) square feet of floor space, a film, videocassette, or other video reproduction which depicts “specified sexual activities” or “specified anatomical areas”, shall comply with the following requirements:
a. Upon application for an adult oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager’s stations, the location of all overhead lighting fixtures, and designating any portion of the premises in which patrons shall not be permitted. A manager’s station(s) shall not exceed thirty two (32) square feet of floor area.
b. No alteration in the configuration or location of a manager’s station shall be made without the prior written approval of the development services director.
c. It is the duty of the licensee to ensure that at least one employee is on duty and situated at each manager’s station at all times that any patron is present inside the premises.
d. 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 shall not contain video reproduction equipment. If the premises has two (2) or more manager’s stations designed, 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 shall be by direct line of sight from the manager’s station.
e. It shall be the duty of the licensee and any employees present on the premises to ensure that the view area remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designed as an area in which patrons shall not be permitted in the application filed pursuant to this article.
10. An on site security program shall be prepared and implemented including the following items:
a. All off street parking areas and building entries serving the adult oriented business shall be illuminated during all hours of operation with a lighting system designed to provide an average maintained horizontal illumination of one foot-candle of light on the parking surface and/or walkway. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adult oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and theft. The lighting shall be shown on the required site or plot plan and shall be subject to review for compliance through the site plan review process by the development services director and the designated head of the entity providing law enforcement services to the city.
b. All interior portions of the adult oriented business, except those areas devoted to mini-motion or motion pictures, shall be illuminated during all hours of operation with a lighting system designed to provide a minimum maintained horizontal illumination of not less than two (2) foot-candles of light.
c. For adult oriented businesses which exceed an occupant load of one hundred twenty five (125) persons, the provision of on site security personnel shall be required during all business hours pursuant to a plan to be reviewed and approved for adequacy by the designated head of the law enforcement entity providing law enforcement services to the city. Security personnel shall be licensed in accordance with the California Business and Professions Code, to the satisfaction of the designated head of the entity providing law enforcement services to the city.
11. Adult motion picture theater:
a. A manager’s station shall be located near the main entrance and the station shall be provided with an unobstructed view of all motion picture private viewing areas.
b. No adult motion picture arcade shall be maintained or operated unless the complete interior of the adult motion picture theater is visible upon entrance to such adult motion picture theater. No partially or fully enclosed booths or partially or fully concealed booths shall be maintained.
c. No person shall operate an adult motion picture theater in which the number of image producing devices exceeds the maximum occupancy load permitted in any room or partitioned portion of a room in which an image producing device is located.
12. Adult hotel/motel:
a. Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented or subrented and vacated two (2) or more times in a period of time that is less than ten (10) hours on a recurring basis, creates a rebuttable presumption that the establishment is an adult hotel/motel as that term is defined in this zoning code.
b. A person is in violation of the provisions of this zoning code if such person rents or subrents a sleeping room at a location without an adult oriented business license and a CUP adult oriented business to a person or persons and within ten (10) hours thereafter rents or subrents the same room to another person(s), or subrents the same room to the prior renter.
H. All persons on the premises of the establishment who are engaged in specified sexual activities or are exposing specified anatomical areas must be located upon a stage that is at least eighteen inches (18") above the immediate floor level and is at least six feet (6') from the nearest patron.
I. Patrons of establishments are prohibited from directly or indirectly giving tips (money or anything else of value) to performers, owners, employees, or agents of an establishment, and said performers, owners, employees and agents are prohibited from directly or indirectly accepting from patrons of an establishment tips (money or anything else of value).
J. Establishments, except adult theaters, shall be illuminated at a minimum of 1.00 foot-candle, maintained and evenly distributed at ground level, excluding only those areas shielded by tables or similar obstructions. (Ord. #1563, §3)
25-85-10: PROHIBITIONS:
For purposes of this section, “couch dancing or straddle dancing” shall be defined as an activity involving at least two (2) persons where at least one of the persons is a patron who is sitting or resting on an object or the floor and at least one of the persons is dancing or moving such that said person’s genitals, pubic region, buttock or female breast, regardless of whether such body area is covered or uncovered, is positioned for any period of time within three feet (3') of, and at a level between, the chin and forehead of, the person(s) who is/are sitting or resting on an object or the floor.
A. No person shall operate or cause to be operated an adult oriented business, regardless of whether or not a permit has been issued under this zoning code, knowingly, or with reason to know, permitting, suffering, or allowing any employee:
1. To engage in a couch dance or straddle dance with a patron at the business;
2. To contract or otherwise agree with a patron to engage in a couch dance or straddle dance with a person at the business;
3. To intentionally touch any patron at an adult oriented business while engaged in the display or exposure of “specified anatomical area”, or engaged in or simulating a “specified sexual activity”; or
4. To voluntarily be within six feet (6') of any patron while engaged in the display or exposure of any “specified anatomical area” or engaged in or simulating a “specified sexual activity”.
B. No employee of an adult oriented business shall:
1. Engage in a couch dance or straddle dance with a patron at the business;
2. Contract or otherwise agree to engage in a couch dance or straddle dance with a patron at the business;
3. Engage in the display or exposure of any “specified anatomical area” or engage in or simulate a “specified sexual activity” while intentionally touching a patron at the adult oriented business; or
4. Engage in the display or exposure of any “specified anatomical area” or engage in or simulate a “specified sexual activity” closer than six feet (6') from any patron.
C. No person at any adult oriented business, regardless of whether or not said business is permitted under this zoning code, shall intentionally touch an employee who is displaying or exposing any “specified anatomical area” or engaging in or simulating a “specified sexual activity” at the adult oriented business.
D. No person at any adult oriented business, regardless of whether or not said business is permitted under this zoning code, shall engage in a couch dance or straddle dance with an employee at the business who is displaying or exposing any “specified anatomical area” or engaging in or simulating a “specified sexual activity”.
E. No employee of an adult oriented business, regardless of whether or not a permit has been issued for said business under this article, shall engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of two o’clock (2:00) A.M. and nine o’clock (9:00) A.M. of any particular day. (Ord. #1563, §3)
25-85-11: ESTABLISHMENT:
The establishment of an adult oriented business shall include any of the following:
A. The opening or commencement of operation of any such business as a new business.
B. The conversion of any existing business (whether or not an adult oriented business) to any adult oriented business.
C. The addition of any adult oriented business to any existing adult oriented businesses if the addition results in enlargement of the place of business. For the purposes of this subsection, “enlargement” shall mean an increase in the size of the building within which the business is conducted by either construction or use of an adjacent building or any portion thereof, whether located on the same or an adjacent lot or parcel of land. (Ord. #1563, §3)