Chapter 4.34 ADULT-RELATED ESTABLISHMENTS

There has been a proliferation throughout the city of Sacramento of adult-related establishments, such as escort bureaus, introductory services, public bathhouses, model studios, sexual encounter centers, and similar businesses which offer patrons services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas. There has been a demonstrable relationship between high incidence of unlawful prostitution and drug-related crime, and the adult-related establishments regulated by this chapter. Such businesses operate as fronts for houses of prostitution and for illegal drug-related transactions. Past regulation by the city of some of these establishments has been unsuccessful because the establishments evade the regulations by changing their names to indicate different objects or purposes from the types of businesses regulated.

The city of Sacramento has recently enacted comprehensive schemes for the regulation of adult entertainment establishments, in the form of both zoning restrictions and business licensing provisions. These regulations will ultimately make it more difficult for such establishments to open and continue operation within the city, and fewer such establishments are likely to continue operating within said jurisdiction. The city’s regulatory program will have the ultimate effect of forcing proprietors of such establishments to look to other areas with potentially less restrictive regulations to continue their operations, including the city of Rancho Cordova.

A system of requiring regulatory licenses for adult-related establishments and for those persons rendering services to customers will assist in assuring illegal activities do not occur on the premises or otherwise in connection with the business within the city of Rancho Cordova. If criminal activity occurs on the premises, or if other provisions of this chapter are violated, the licenses are subject to revocation. Criminal liability also exists for a violation of this chapter. These provisions will provide the chief of police with both preventative and investigatory tools to control illegal activity in such businesses, and will promote and protect the public health, safety and welfare.

By the definition of “adult-related establishment” contained in RCMC 4.34.010, it is the intent of the city council to prevent evasion of the provisions of this chapter through the device of calling the business by a new or different name. If specified sexual activities are involved, or if specified anatomical areas are displayed, this chapter is intended to apply to both the premises and the individuals who provide such services to the patrons, regardless of the individual’s title or position, or of the name given to the business.

This chapter is enacted pursuant to the provisions of Section 51034 of the Government Code. [Ord. 9-2009 § 2; Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 15 (part), 1983].

4.34.005 Definitions.

As used in this chapter, the terms identified by RCMC 4.34.010 through 4.34.060 shall be ascribed the meanings indicated. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 15 (part), 1983].

4.34.010 Definitions – Adult-related establishment.

“Adult-related establishment” means a bathhouse, escort bureau, introductory service, modeling studio or sexual encounter center, as defined by this chapter. “Adult-related establishment” shall also include any other business or establishment which has available for or offers any patron, for pecuniary compensation, consideration, hire or reward, services or entertainment or activities which involve specified sexual activities or the display of specified anatomical areas.

“Adult-related establishment” does not include an adult bookstore, adult motion picture theater, adult mini-motion picture theater, adult hotel or motel, or cabaret. [Ord. 9-2009 § 2; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 15 (part), 1983].

4.34.015 Definitions – Bathhouse.

“Bathhouse” means an establishment whose primary business is to provide, for pecuniary compensation, consideration, hire or reward, access to any kind of bath facility, including, but not limited to, showers, saunas and hot tubs. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 15 (part), 1983].

4.34.020 Definitions – Sexual encounter center.

“Sexual encounter center” means a business which provides two or more persons, for pecuniary compensation, 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. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 15 (part), 1983].

4.34.025 Definitions – Introductory service.

“Introductory service” means a business which, for pecuniary compensation, consideration, hire or reward, will help persons to meet or become acquainted with others for social purposes. For purposes of this section, “others” include personnel of the introductory service. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 15 (part), 1983].

4.34.030 Definitions – Massage services.

Repealed by Ord. 9-2009. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 15 (part), 1983].

4.34.035 Definitions – Modeling services.

In relation to “modeling services,” the following terms shall be ascribed the following meanings:

A. “Modeling studio” means a business which provides, for pecuniary compensation, consideration, hire or reward, figure models who display specific anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons who pay such considerations;

B. “Figure model” means any person who, for pecuniary compensation, consideration, hire or reward, poses to be observed, sketched, painted, drawn, sculpted, photographed or otherwise depicted. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 15 (part), 1983].

4.34.040 Definitions – Escort services.

In relation to “escort services,” the following terms shall be ascribed the following meanings:

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

B. “Escort” means a person who, for pecuniary compensation, consideration, hire or reward, either escorts or accompanies others to or about social affairs, entertainment or places of amusement, or keeps company with others about any place of public resort or within any private quarters. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 15 (part), 1983].

4.34.045 Definitions – Specified anatomical areas.

“Specified anatomical areas” shall include:

A. Less than completely and opaquely covered:

1. Human genitals or pubic regions;

2. Buttocks; or

3. Female breasts below a point immediately above the top of the areola; and

B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 15 (part), 1983].

4.34.050 Definitions – Specified sexual activities.

“Specified sexual activities” shall include the following:

A. 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: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, or zooerasty; or

B. Clearly depicted human genitals in a state of sexual stimulation, as arousal or tumescence; or

C. Use of human or animal masturbation, sodomy, oral copulation, coitus, or ejaculation; or

D. Fondling or touching of nude human genitals, pubic region, buttocks or female breasts; or

E. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

F. Erotic or lewd touching, fondling or other contact with an animal by a human being; or

G. Human excretion, urination, menstruation or vaginal or anal irrigation. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 15 (part), 1983].

4.34.055 Exemptions.

Neither the provisions of Chapter 4.10 RCMC nor this chapter shall be applicable to or include the following:

A. Hospitals, nursing homes, sanitariums, or persons working in any such establishments;

B. Persons holding an unrevoked certificate to practice the healing arts under the laws of the state of California or persons working under the direction of any such persons;

C. Barbers or cosmetologists lawfully carrying out their particular occupation or business, and holding a valid, unrevoked license or certificate of registration issued by the state of California; or

D. Modeling schools maintained pursuant to standards established by the State Board of Education of the state of California. [Ord. 9-2009 § 2; Ord. 38-2007 § 1 (Exh. 1(C)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 15 (part), 1983].

4.34.060 Hours of operation.

It shall be unlawful for any adult-related establishment to be operated or remain open for business between the hours of 10:00 p.m. and 8:00 a.m. of the following day. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 15 (part), 1983].

4.34.065 List of services.

A list of the services available and the price of such services shall be posted in a clearly visible place at or near the entrance of each adult-related establishment. The services available shall be described in readily understandable language. No adult-related establishment shall render or provide, or offer to render or provide, any service not listed in compliance with this section. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 15 (part), 1983].

4.34.070 Personnel registers.

Operators of adult-related establishments shall maintain personnel registers, which shall be available for inspection by the chief of police at all times during regular business hours, as follows:

A. With respect to an escort service, a personnel register shall be maintained which includes the name and employee permit number of each person employed or retained as an escort.

B. With respect to a model studio, a personnel register shall be maintained which includes the name and employee permit number of each person employed or retained as a figure model.

C. With respect to any adult-related establishment, other than a model studio or escort service, a personnel register shall be maintained which includes the names of all persons employed or retained on the premises to provide services, the title of the position of each such person, and as to those persons required to possess employee permits by this chapter, their employee permit numbers. [Ord. 9-2009 § 2; Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 15 (part), 1983].

4.34.075 Employment of minors.

It shall be unlawful for the operator or any other person in charge of an adult-related establishment to employ or retain any person who is under the age of 18 years to perform any service on the premises of the establishment. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 15 (part), 1983].

4.34.080 Schools of massage.

Repealed by Ord. 9-2009. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 15 (part), 1983].

4.34.085 Sanitation requirements – Massage establishments.

Repealed by Ord. 9-2009. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 15 (part), 1983].

4.34.090 Sanitation requirements – Bathhouses.

Within bathhouses, towels shall not be supplied to more than one patron unless such towels have first been laundered and disinfected. Wet and dry heat rooms, steam or vapor rooms and cabinets, shower rooms and compartments, toilet rooms and pools shall be thoroughly cleaned and disinfected as needed, and at least once a day the premises are open, with a disinfectant approved by the health officer. Bathtubs shall be thoroughly cleaned after each use with a disinfectant approved by the health officer. All walls, ceilings, floors and other physical facilities shall be in good repair and maintained in a clean and sanitary condition. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 15 (part), 1983].

4.34.095 Sanitation requirements – Massage technicians.

Repealed by Ord. 9-2009. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 15 (part), 1983].

4.34.100 Minimum qualifications – Massage managers.

Repealed by Ord. 9-2009. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 15 (part), 1983].

4.34.105 Minimum qualifications – Massage technicians.

Repealed by Ord. 9-2009. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 15 (part), 1983].

Article II. Licenses and Permits

4.34.200 License required.

It shall be unlawful for any person to operate or conduct an adult-related establishment unless under and by authority of a valid, unexpired and unrevoked special business license issued pursuant to the provisions of Chapter 4.10 RCMC and this chapter. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 15 (part), 1983].

4.34.205 Display of license.

Each adult-related establishment shall display the special business license in a conspicuous place within the establishment so that the same may be readily seen by persons entering the premises. [Ord. 9-2009 § 2; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 15 (part), 1983].

4.34.210 Employee permits required.

A. It shall be unlawful for any person to provide any of the following services without possessing a valid, unexpired and unrevoked employee permit issued pursuant to the provisions of Chapter 4.10 RCMC and this chapter:

1. Act as a manager of an adult-related establishment by supervising or controlling the personnel of such an establishment or the services rendered therein;

2. Act as an escort; or

3. Act as a figure model in a modeling studio.

B. It shall be unlawful for the operator of any adult-related establishment to employ or retain a person to perform any of the above services unless such person possesses such an employee permit. [Ord. 9-2009 § 2; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 15 (part), 1983].

4.34.215 Application.

In addition to the matters prescribed by RCMC 4.10.080, an application for an employee permit to provide services identified by RCMC 4.34.210 shall contain the following:

A. A list of each conviction of the applicant, plea of guilty, or plea of nolo contendere. The list shall, for each such conviction, set forth the date of arrest, the offense charged and the offense of which the applicant was convicted; and

B. Proof of the age of the applicant. [Ord. 9-2009 § 2; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 15 (part), 1983].

4.34.220 Issuance.

A. Upon receipt of an application for an employee permit to act as a manager of an adult-related establishment, an escort or a figure model, the chief of police shall conduct such investigation pursuant to RCMC 4.10.085 as is deemed necessary. The chief of police shall issue the permit unless he or she finds, pursuant to RCMC 4.10.090, any of the following:

1. That the application fails to contain information required by the chief of police or RCMC 4.34.215, or is otherwise incomplete;

2. That information contained in the application is false or otherwise inaccurate;

3. That the applicant has been convicted of a crime and the time for appeal has elapsed, or when an order granting probation is made suspending the imposition of sentence, irrespective of the entry of a subsequent order under Section 1203.4 of the California Penal Code; or has done any act involving dishonesty, fraud or deceit with intent to substantially benefit him or herself, or another, or substantially injure another; and the chief of police concludes that by reason of the crime or act the applicant would not perform his or her duties as a manager, escort or figure model in a law-abiding manner or in a manner which does not subject patrons to risk of harm or criminal, deceitful or otherwise unethical practices; or

4. That the applicant is under 18 years of age.

B. Notwithstanding the foregoing, an application shall not be denied solely on the basis that a person has been convicted of a felony if the person has obtained a certificate of rehabilitation under Section 4852.01 et seq. of the California Penal Code, or that the person has been convicted of a misdemeanor if the person has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person when considering the denial of a license under Section 482(a) of the California Business and Professions Code. [Ord. 9-2009 § 2; Ord. 38-2007 § 1 (Exh. 1(A), (C)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 15 (part), 1983].

4.34.225 Revocation of permits.

An employee permit may be revoked or suspended pursuant to RCMC 4.10.140 upon any of the following grounds:

A. Violation of any of the duties, requirements or prohibitions contained in this chapter;

B. Violation of any of the duties, requirements or prohibitions set forth in any administrative regulations issued pursuant to RCMC 4.02.085;

C. Misrepresentation of a material fact contained in the application for the permit; or

D. That since issuance or renewal of the permit the chief of police has acquired information supporting a finding prescribed by RCMC 4.34.220(C) in relation to the holder of the permit. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 15 (part), 1983].