Chapter 9.20 ADULT-RELATED ESTABLISHMENTS

The purpose and intent of the city council in enacting this chapter is to protect the health, safety and welfare of the public and of patrons of establishments regulated herein by requiring the licensing and regulation of the establishments, services and persons herein defined. (Ord. 528 § 2 (part), 1995).

9.20.020 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

“Adult-related establishment” means a bathhouse, escort bureau, modeling studio or sexual encounter center, as defined by this section. “Adult-related establishment” also includes any other business or establishment which has available for, or offers any patron for pecuniary compensation, monetary or other consideration, hire or reward, services or entertainment or activities which involve “specified sexual activities” or the display of “specified anatomical areas” as defined herein. “Adult-related establishment” does not include a bookstore, motion picture theater, mini-motion picture theater, hotel or motel, or cabaret, which sells, displays, offers for sale, furnishes, or features books, movies, or other materials which depict “specified anatomical area” or “specified sexual activities” as herein defined. The term “adult-related establishment” does not include a bar.

“Adult-related 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-related 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-related establishment.”

Bar. For the purposes of this chapter, a “bar” is defined as any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises.

“Bathhouse” means an establishment whose primary business is to provide, for pecuniary compensation, monetary or other consideration, hire or reward, access to any kind of bath facility, including but not limited to showers, saunas, and hot tubs.

“Bona fide nonprofit organization” means any fraternal, charitable, religious, benevolent, or other nonprofit organization having a regular membership association primarily for mutual, social, mental, political, and civic welfare which sponsors events to which admission is limited to members and guests, and revenue accruing therefrom is used or designated for use exclusively for the purposes of said organization, and which organization or agency is exempt from taxation, under the Internal Revenue Laws of the United States, as a bona fide fraternal, charitable, religious, benevolent, or other nonprofit organization, and in which any services, entertainment, or activities involving “specified sexual activities” or the display of “specified anatomical areas” are incidental to its primary operation.

“Cabaret” means any nightclub, theater, or other establishment which features live performances by topless or bottomless dancers, “Go-Go” dancers, exotic dancers, strippers, or similar entertainers where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. The term “Cabaret” does not include a bar.

“City manager” means the city manager of the city or authorized representative thereof.

“Entertainment” means any act, play, revue, pantomime, scene, song, dance act, or song and dance act, which involve “specified sexual activities” as herein defined, or the display of “specified anatomical areas,” conducted by or participated in by one or more persons, whether or not such person or persons are compensated for such performance. “Entertainment” also includes a fashion, style or lingerie show.

“Escort” means a person who, for pecuniary compensation, monetary or other consideration, hire or reward, (1) escorts or accompanies others to or about social affairs, entertainment or places of amusement, or (2) keeps company with others about any place or public resort or within any private quarters.

“Escort Bureau” means a business which, for pecuniary compensation, consideration, hire or reward furnishes or offers to furnish escorts.

“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 the health officer of the city or his/her duly authorized representative.

“Modeling studio” means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purpose 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.”

Operate An Adult-Related Establishment. As used in this chapter, “operate an adult-related 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-related establishment or activities within an adult-related establishment.

“Permittee” means the person to whom an adult-related establishment permit is issued.

“Person” means any individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.

“Police chief” means the police chief of the city of Patterson or the authorized representative(s) thereof.

“Sexual encounter center” means a business which provides two or more persons, for pecuniary compensation, monetary or other consideration, hire or reward, with a place to assemble for the purpose of engaging in “specified sexual activities” or displaying “specified anatomical areas.” “Sexual encounter center” does not include hotels or motels, or 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.”

“Specified anatomical areas” shall include the following:

(1) Less than completely and opaquely covered (i) human genitals or pubic region; (ii) buttock; and (iii) female breast below a point immediately above the top of the areola; and

(2) Human male genitals in a discernible turgid state, even if completely and opaquely covered.

“Specified sexual activities” shall include the following:

(1) Actual or simulated intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship; or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: analingus, sodomy, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

(2) Clearly depicted human genitals in a state of sexual stimulation, arousal, or tumescence; or

(3) Use of human or animal masturbation, sodomy, copulation, coitus, ejaculation; or

(4) Fondling or touching of nude human genitals, pubic region buttocks, or female breast; or

(5) Masochism, erotic or sexually-oriented torture, beating or the infliction of pain; or

(6) Erotic or lewd touching, fondling, or other contact with an animal by a human being; or

(7) Human excretion, urination, menstruation, vaginal or anal irrigation. (Ord. 528 § 2 (part), 1995).

9.20.030 Permit required.

A. 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, the operation of an adult-related establishment without first having obtained a permit from the city as herein required.

B. It be unlawful for any person to act as an escort, figure model, or to take any other position of employment with an adult-related establishment in the city without first having obtained a permit from the city as herein required. (Ord. 528 § 2 (part), 1995).

II. Application and Permits

9.20.040 Filing and fee provisions.

A. Every person who proposes to maintain, operate or conduct an adult-related establishment in the city shall file an application with the city manager upon a form provided by the city and shall pay a filing fee, as established by resolution adopted by the city council from time to time, which shall not be refundable.

B. Every person who proposes to be employed by an adult-related establishment shall file an application with the city manager upon a form provided by the city and shall pay a filing fee, as established by resolution adopted by the city council from time to time, which shall not be refundable. (Ord. 528 § 2 (part), 1995).

9.20.060 Applications.

A. Every application submitted to the city manager shall include the following information:

1. The type of permit applied for;

2. The name, including all aliases, by which the applicant is or has ever been known;

3. The applicant’s present residence address and the residence addresses and dates thereof for the three years immediately preceding the date of the application;

4. Written proof that the applicant is at least eighteen years of age;

5. The applicant’s height, weight, color of eyes and hair;

6. Two portrait photographs of the applicant at least two inches by two inches;

7. The business, occupation, or employment of the applicant for the three years immediately preceding the date of application;

8. The applicant’s social security number and driver’s license, if any;

9. The “adult-related establishment” or similar business license or permit history of the applicant including:

a. Whether such person has previously operated in this or another city or state under license or permit,

b. Whether such person has had such license or permit revoked or suspended and the reason therefor,

c. The business activity or occupation of such person subsequent to such action of suspension or revocation;

10. Whether the applicant has ever been convicted of:

a. An offense involving conduct which requires registration pursuant to Section 290 of the Penal Code,

b. An offense involving sexual misconduct with children,

c. An offense involving theft of property,

d. An offense as defined in California Penal Code Sections, 261.5, 262, 243.4, 261, 309, 311.2, 311.3, 311.4, 311.5, 311.6, 311.10, 311.11, 313.1, 314, 315, 316, 318, 266, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a) 647(b), 647(d), 647, or 647.6.

e. Any offense requiring registration under the provisions of Section 11590 of the California Health and Safety Code; any felony offense involving the possession, possession for sale, transportation, furnishing, giving away of a controlled substance specified in Sections 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code, or as those sections may hereafter be amended or renumbered,

f. Conspiracy to commit or an attempt to commit any of the aforesaid offenses,

g. The equivalent of any of the aforesaid offenses in a jurisdiction outside the state;

11. 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;

12. Whether the applicant, including a corporation or partnership, or former employer of the applicant while so employed, or a building in which the applicant was so employed or a business conducted, was ever subjected to an abatement proceeding under California Penal Code Section 11225 or any similar provisions of law in a jurisdiction outside the State;

13. The location at which the permittee is to be employed;

14. Such other identification and information necessary to disclose the truth of matters hereinbefore specified as required to be set forth in the application.

B. Every application for a permit to operate an “adult-related establishment” shall give the name and address of the owners and or lessors of the real property upon or in which the business is to be conducted.

C. If an applicant is a corporation, the application shall also set forth the name of the corporation exactly as shown in its articles of incorporation, together with the names and residence addresses of each of the officers, directors, and each stockholder holding five percent or more of the stock of the corporation. The corporation shall designate one of its officers to act as the responsible managing officer of the “adult-related establishment.” Such officer shall complete the application form as an individual applicant under this chapter.

D. If the applicant is a partnership, the application shall also set forth the name and residence address of each of the partners, including limited partners. The partnership shall designate one of the partners to act as the managing partner of the “adult-related establishment.” Such a partner shall complete the application form as an individual applicant under this chapter. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply.

E. Every application for a permit shall be verified by affidavit, or by declaration or certification under penalty of perjury, as provided in the California Code of Civil Procedure.

F. The application for a permit does not authorize conducting an “adult-related establishment” until such permit has been granted. The issuance of a business license pursuant to Chapter 5.04 of the Patterson Municipal Code shall not authorize conducting any “adult-related establishment” until the necessary regulatory permit has been lawfully granted. (Ord. 528 § 2 (part), 1995).

9.20.080 Referral of application to other departments.

A. All applications for permits for an “adult-related establishment” shall be referred to the chief building official, the fire chief, the health officer, the planning director, and the police chief who shall make written recommendations to the city manager concerning compliance with the laws and ordinances that they administer and enforce.

B. All other applications shall be referred to the health officer and police chief for their written recommendations to the city manager concerning compliance with the laws and ordinances that they administer and enforce.

C. The police chief shall require an applicant to have his/her fingerprints taken and may require such additional information as may be necessary to establish the identification of the applicant. (Ord. 528 § 2 (part), 1995).

9.20.100 Issuance refusal.

The city manager shall issue all other permits after the application therefor has been reviewed and approved. The city manager may refuse to issue a permit for an “adult-related establishment,” or for any other applicant or permittee, for any of the following reasons, which reasons shall be set forth fully in writing and delivered to the applicant or permittee.

A. That the operator as proposed by the applicant, if permitted, will not or does not comply with all applicable laws, including but not limited to ordinances relating to building, health, planning, housing, zoning, and fire protection, and other applicable laws and regulations which the departments named in this chapter have responsibility to administer;

B. That the applicant or any other person who will be directly engaged in the management and operation of any “adult-related establishment” has been convicted of the offenses enumerated in subsection (A) (10) of Section 9.20.060 or convicted of an offense outside the state of California that would have constituted any of the described offenses if committed within the state. A permit may be issued to any person convicted of any of the crimes described if such conviction occurred more than five years prior to the date of the application, and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for crimes mentioned in subsection (A) (10) of Section 9.20.060;

C. That the applicant or any operator has had a permit for an “adult-related establishment” denied or revoked for cause by this city within the last five years;

D. That the applicant or operator is not at least eighteen years of age;

E. That the applicant has not paid the required fee to the city’s finance department;

F. That the applicant has been licensed or registered in any state as a prostitute;

G. That any of the provisions of this chapter have been violated or that the permittee or any employee, including an “escort” or “figure model” is engaged in any conduct at an “adult-related establishment” which violates any state or local law or ordinances, or that the permittee of an “adult-related establishment” has actual knowledge of such violation, or where such permittee by the exercise of due diligence should have had actual or constructive knowledge of any such violation, or that such permittee or any other person acting on the permittee’s behalf has refused to allow any duly authorized building inspector, police officer, or health officer of the city to inspect the premises or the operations therein pursuant to the provisions of this chapter;

H. Any refusal to issue a permit, or the suspension, or revocation of a permit under the provisions of this section is appealable to the city council in accordance with the provisions of Chapter 5.04 of this code. (Ord. 528 § 2 (part), 1995).

9.20.120 Revocation or suspension of adult-related establishment permit.

A. Any permit issued for an adult-related establishment may be revoked or suspended by the city manager, after a hearing, in any case where any of the provisions of this chapter are violated, when the permittee, operator, or any employee of the permittee or operator, has engaged in conduct which violates any state law or city ordinance at the adult-related establishment and the operator or permittee knew, or, with the exercise of reasonable diligence, should have known of such violations at the time they occurred, or in any case where the operator refuses to permit any duly authorized city police officer or health inspector of the city to inspect the premises or the operations therein during the hours such premises are open for business.

B. The city manager shall hold a public hearing prior to the revocation or suspension of any permit under subsection (A) of this section. The permittee shall be given at least ten days notice in writing of such hearing, which notice shall contain a brief statement of the grounds to be relied upon for suspending or revoking the permit.

C. The decision of the city manager shall be in writing and shall be mailed postage prepaid to the permittee. (Ord. 528 § 2 (part), 1995).

9.20.140 Term of permit.

Permits issued under the provisions of Section 9.20.100 shall be valid for a period of one year from the date of issuance and shall be renewable annually.

A. An application for the renewal of an “adult-related establishment” shall be accompanied by a filing fee, as established by resolution adopted by the city council from time to time, which shall not be refundable, and shall contain the same information as in subsection (A) of Section 9.20.060, excluding therefrom subdivisions (4), (7), (8), and (9).

B. All applications for renewal shall be referred to the police chief, who may require an applicant to have his/her fingerprints taken and to furnish such additional information as may be necessary to establish the identification of the applicant. (Ord. 528 § 2 (part), 1995).

9.20.160 Sale, transfer or change of location.

Upon the sale, transfer, or relocation of an “adult-related establishment” the permit therefor shall be null and void; provided, however, that upon the death or incapacity of the permittee, an “adult-related establishment” may continue in business for a reasonable period of time, not to exceed three months, to allow for an orderly transfer of the business. No permittee shall operate under any name or conduct his/her business under any designation or at any location not specified in the permit. Any escort, figure model, or other employee may have a valid and unexpired permit transferred for use at any other “adult-related establishment” upon written application to the city manager accompanied by a nonrefundable transfer fee, as established by resolution adopted by the city council from time to time. (Ord. 528 § 2 (part), 1995).

9.20.180 Additional permits required.

A. No person shall act as an “escort” unless an escort permit is first obtained.

B. No person shall act as a “figure model” in a modeling studio unless a figure model permit is first obtained. The issuance of a business license pursuant to Section 5.04.060 of this code shall not authorize acting as an “escort,” or as a “figure model” in a modeling studio until the necessary regulatory permit has been lawfully granted. (Ord. 528 § 2 (part), 1995).

9.20.200 Application for escort or figure model permit.

A. An applicant for an “escort” or “figure model” permit shall make an application under penalty of perjury to the police chief or his/her authorized representative, upon a form provided by the city. A nonrefundable fee, as established by resolution adopted by the city council from time to time, shall be paid to the city to reimburse the city for the cost of the investigation. A copy of the receipt issued by the city’s finance department shall accompany the application. The permit fee required under this section is in addition to any other license or permit fee required by the Patterson Municipal Code.

B. The application for permit does not authorize the applicant to act as an “escort” or as a “figure model” until such permit has been granted.

C. Every application submitted to the police chief shall include the following information:

1. The applicant’s full name, any other names used, date of birth, California driver’s license number or California identification number, Social Security number, present resident address, telephone number, sex, height, weight, color of hair, and color of eyes;

2. Previous two residence addresses of the applicant and the inclusive dates at each address;

3. The applicant’s business, occupation, and employment history for five years preceding the date of application and inclusive dates of same;

4. The permit history of the applicant; whether such person ever had any permit or license issued to him/her by any other public entity in this state; the date of issuance of any such permit or license, whether any such permit or license has ever been revoked or suspended and if any such license or permit has been revoked or suspended, the reason therefor;

5. All convictions for any crimes involving conduct which requires registration under any state law similar to and including California Penal Code Section 290, or of conduct which is a violation of the provisions of any state laws similar to and including California Penal Code Sections 243.4, 261, 261.5, 262, 266a, 266b, 266c, 266d, 266e, 266f, 266g, 266h, 266i, 266j, 267, 309, 311.2, 311.3, 311.4, 311.5, 311.6, 311.10, 311.11, 313.1, 314, 315, 316, 318, 647(a), 647(b) 647(d), or 647.6, or any crime involving dishonesty, fraud, deceit, or moral turpitude;

6. Any offense requiring registration under provisions of Section 11590 of the California Health and Safety Code; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing, giving away, of a controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code, or as those sections may hereafter be amended or renumbered;

7. Acceptable written proof that the applicant is at least eighteen years of age;

8. A complete set of fingerprints acceptable to the police chief;

9. The applicant shall make himself/herself available to the Patterson Police Department in order to be photographed;

10. Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application;

11. Such other identification and information as the police chief may require. (Ord. 528 § 2 (part), 1995).

9.20.220 Issuance and denial of permits.

A. The police chief or his/her authorized representative shall have sixty days from the date a complete application is submitted in which to investigate the application and background of the applicant. Upon completion of the investigation, the police chief or his/her designated representative shall approve or deny the permit. The police chief may refuse to issue permit for “escort” or “figure model” for any of the following reasons, which reasons will be set forth fully in writing and delivered to the applicant:

1. The applicant has been convicted of any of the offenses enumerated in subsection (A)(10) of Section 9.20.060, or convicted of an offense outside the state 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 any of the crimes described if such conviction occurred more than five years prior to the date of the application, and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for crimes mentioned subsection (A) (10) of Section 9.20.060;

2. The applicant has been licensed or registered in any state as a prostitute;

3. Any false statements made in the initial application for “escort” or “figure model” permit;

4. That the applicant has had an “escort” or “figure model” permit denied or revoked for cause by this city within the last five years;

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

6. That the applicant has not paid the required fee to the city’s finance department.

B. Any refusal to issue a permit pursuant to this section, or the suspension or revocation of a permit under the provisions of Section 9.20.240 is appealable to the city council in accordance with the provisions of Chapter 5.04 of this code. (Ord. 528 § 2 (part), 1995).

9.20.240 Revocation or suspension of permits.

After following the procedure in Section 9.20.120, the city manager may revoke or suspend an “escort” or “figure model” permit for conviction of any of the crimes specified in Section 9.20.060 (A)(10). The decision of the city manager shall be in writing and shall be mailed postage prepaid to the escort or figure model. (Ord. 528 § 2 (part), 1995).

9.20.260 Term of permit.

A. Permits issued under the provisions of this chapter shall be valid for a period of one year from the date of issuance and shall be renewable annually.

B. An application for renewal for an “escort” or “figure model” permit shall be accompanied by a nonrefundable filing fee, as established by resolution adopted by the city council from time to time.

III. Facilities and Employees

9.20.280 Required facilities.

A. Every “adult-related establishment” shall have the following facilities to provide for and protect the health and safety of the patrons thereof:

1. Rooms and facilities used for toilets, tubs, steam baths, and showers shall be constructed and installed in accordance with the applicable building regulations of the state and city;

2. Separate toilet facilities in convenient locations shall be provided for males and females and shall be designated as to the sex accommodated therein;

3. Lavatories or wash basins, provided with both hot and cold running water, shall be installed in every toilet room or the vestibule thereto. All lavatories and wash basins shall be provided with soap in a dispenser and with sanitary towels;

4. No cubicle, room or booth, or other area which is provided or used for patrons’ use, other than toilet facilities, shall be fitted with a door capable of being locked;

5. All electrical equipment and plumbing fixtures shall be installed in accordance with the applicable building regulations of the state and the city.

B. No permit to conduct an “adult-related establishment” shall be issued until an inspection has been made of the proposed facilities by representatives of the chief building official, health officer and police chief of the city, and said officials have determined that the proposed facility meets the requirements of this chapter. (Ord. 528 § 2 (part), 1995).

9.20.300 Operating requirements.

A. Every portion of an “adult-related establishment” shall be kept clean and operated in a sanitary condition.

B. Cubicles, rooms, booths, toilet rooms, plumbing fixtures, and other patron facilities shall be thoroughly cleaned at least once each day the “adult-related establishment” is in operation. Bathtubs and shower compartments shall be thoroughly cleaned with disinfectant after each use.

C. No “adult-related establishment,” or any portion of a building in which an “adult-related establishment” is located, shall be used for residential or sleeping purposes.

D. If male and female patrons are to be served simultaneously, in an “adult-related establishment,” separate rooms, baths, and other patron facilities shall be provided for such male and female patrons.

E. “Adult-related establishments” may be open for operation only between the hours of seven a.m. and twelve a.m., inclusive, of each day.

F. No alcoholic beverage shall be sold, served, furnished, kept or possessed on the premises of any “adult-related establishment.” (Ord. 528 § 2 (part), 1995).

9.20.320 Register and permit number of employees.

Every permittee of an “adult-related establishment” must maintain a register of all persons employed on the premises and their permit numbers. Such register shall be available for inspection during regular business hours by any police officer or health officer of the city. (Ord. 528 § 2 (part), 1995).

9.20.340 Display of permit and identification cards.

A. Every “adult-related establishment” shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such “adult-related establishment” in a conspicuous place so that the same may be readily seen by all persons entering the “adult-related establishment.”

B. The police chief shall provide each “escort” or “figure model” granted a permit with an identification card containing the name, address, photograph, and permit number of the “escort” or “figure model.”

C. An “escort” shall carry such card at all times while providing escort services.

D. A “figure model” shall have such card available for inspection at all times during the hours of operation of the model studio. (Ord. 528 § 2 (part), 1995).

9.20.360 Employment of persons under the age of eighteen years prohibited.

It is unlawful for any permittee, operator, or other person in charge of any “adult-related establishment” to employ any person who is not at least eighteen years of age. (Ord. 528 § 2 (part), 1995).

9.20.380 Services and rate sign.

Every permittee of an “adult-related establishment” shall post a sign in a conspicuous place so that the same may be readily seen by all persons entering the “adult-related establishment” printed in bold letters not less than one inch in height, listing the services available and the rates to be charged therefor. No services shall be performed and no sums shall be charged for such services other than those shown on the sign posted. (Ord. 528 § 2 (part), 1995).

9.20.400 Inspection sign.

Every permittee of an “adult-related establishment” shall post a sign in a conspicuous place so that the same may be readily seen by all persons entering the “adult-related establishment” printed in bold letters not less than one inch in height, with the following thereon: “These premises are subject to inspection without notice by authorized officials of the City of Patterson.” (Ord. 528 § 2 (part), 1995).

IV. Miscellaneous Provisions

9.20.420 Inspection.

The health officer, chief building official and police chief shall, from time to time, but no less than twice a year, cause an inspection to be made of the premises of each “adult-related establishment” in the city for the purpose of determining whether the provisions of this chapter are being complied with. (Ord. 528 § 2 (part), 1995).

9.20.440 Employment of persons without permits unlawful.

A. It is unlawful for any owner, operator, manager, or permittee in charge of or in control of an “adult- related establishment” to employ any person who is not in possession of a valid, unrevoked permit or to allow such a person to work within an “adult-related establishment.”

B. No permittee or operator of an escort service shall allow or permit a person to act as an “escort” for such service unless said person possesses a valid escort permit under the provisions of this chapter. It shall be the responsibility of the permittee and the operator to ensure that each such person employed as an “escort” shall first have obtained a valid permit pursuant to this chapter.

C. No permittee or operator of a model studio shall allow or permit a person to act as a “figure model” for such studio unless the person possesses a valid figure model permit under the provisions of this chapter. It shall be the responsibility of the permittee and the operator to ensure that each such person employed as a “figure model” shall first have obtained a valid permit pursuant to this chapter.

D. No permittee or operator of an “adult-related establishment” shall employ at an “adult-related establishment” any person who has been convicted of any offenses enumerated in subsection (A) (10) of Section 9.20.060, where the offense occurred at the “adult-related establishment” or any “adult-related establishment” owned, controlled, or operated by the permittee or operator. (Ord. 528 § 2 (part), 1995).

9.20.460 Time limit for filing application for permit.

All persons who possess an outstanding business license heretofore issued for the operation of an “adult-related establishment” and all employees thereof must apply for and obtain a permit within ninety days of the effective date of this chapter. Failure to do so and continued operation of an “adult-related establishment” or continued employment as an “escort” or “figure model” or other employee of an “adult-related establishment” without a permit shall constitute a violation of this chapter. (Ord. 528 § 2 (part), 1995).

9.20.480 Certain conduct in bars prohibited.

The city council of the city finds that barroom nudity is a direct cause of increased demand for police services in and about such establishments, and finds further that the activities commonly engaged in by both employees and patrons of such establishments are inimical to the public welfare in that nudity in such establishments has been demonstrated to increase the occurrence of illegal activity in and occurring around such establishments. Accordingly, the following acts or conduct on the premises of any bar are deemed contrary to the public interest and welfare and the best interests of the community and, therefore:

1. No bar owner or operator or an employee thereof shall permit any person on the premises to display or expose his/her genitals, pubic hair, buttocks, anal region, or any portion of the female breast at or below the areola thereof.

2. No bar owner or operator or employee thereof shall permit any person on the premises to perform “specified sexual activities” as defined in Section 9.20.020.

Any bar owner, operator or employee thereof who permits any of the above while alcoholic beverages are being sold or in the presence of anyone who has consumed any alcoholic beverages on the premises at any time during the four hours immediately preceding the act or display referred to above shall be guilty of a misdemeanor.

Any person who exposes his/her genitals, pubic hair, buttocks, anal region, or any portion of the female breast at or below the areola thereof on the premises, while alcoholic beverages are being sold or on the premises and in the presence of anyone who has consumed any alcoholic beverages on such premises at any time during the four hours immediately preceding such display or exposure shall be guilty of a misdemeanor. (Ord. 528 § 2 (part), 1995).

9.20.500 Exceptions.

This chapter shall not apply to a bona fide nonprofit organization, as defined herein, the facilities thereof and all persons who provide “entertainment” in said facilities under the auspices and control of said organization. (Ord. 528 § 2 (part), 1995).

9.20.520 Severability.

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The city council declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. (Ord. 528 § 2 (part), 1995).