Chapter 5.50
PEEP SHOWS
Sections:
5.50.040 Investigation of applicant.
5.50.050 Issuance of the business tax certificate.
5.50.060 Denial of request to operate peep show establishment.
5.50.070 Maximum occupancy load.
5.50.080 Maximum number of devices.
5.50.090 Wall, partition construction.
5.50.130 Patron view of doorway.
5.50.150 Free access to City Manager or designee.
5.50.010 Purpose and intent.
It is the purpose and intent of this chapter that the operation of peep show establishments, as defined in this Code, should be regulated for the protection of the public from the perils of fire, hazards to health, and for the preservation of the peace of the community. (Ord. 1722 § 8, 10-27-98. Formerly § 18-130).
5.50.020 Definitions.
(a) “Peep show establishment” means any place to which the public is permitted or invited wherein a peep show device is operated.
(b) “Peep show device” means slug or coin operated or electronically, electrically or mechanically controlled still or motion picture machine, projector, video monitor or other image and is maintained to show images to five or fewer persons at any one time, and where the images depict explicit sexual acts or the genitals, pubic hair, perineum, anus or anal region of any person or persons.
(c) “Explicit sexual acts” as used in this chapter, means depictions of sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, sadism, masochism or excretory functions in conjunction with sexual activity, masturbation or lewd exhibition of the genitals, whether any of the above conduct is depicted or described as being performed alone or between members of the same or opposite sex or between humans and/or animals, or other acts of sexual arousal involving any physical contact with a person’s genitals, pubic hair, perineum, anus or anal region. (Ord. 1722 § 8, 10-27-98. Formerly § 18-131).
5.50.030 Zoning compliance.
A certificate of zoning compliance from the Director of Planning and Inspection that certifies that the premises of the peep show establishments meets all applicable codes and regulations must be submitted prior to application and approval. Any required application fees shall be the responsibility of the applicant. If the Director of Planning and Inspection finds that a use permit is required for the peep show establishment, the applicant shall meet the requirements for Chapters 18.70 SCCC et seq. and 18.110 SCCC et seq. (Ord. 1722 § 8, 10-27-98. Formerly § 18-132).
5.50.040 Investigation of applicant.
Every applicant shall file for a business tax certificate with the municipal services/business tax division as required by SCCC 3.40.060 and pay the business tax listed in SCCC 3.40.400. Upon receipt of the application and payment, the Director of Finance shall provide the information submitted to the City Manager or designee who shall cause to be made an investigation of the application to determine that:
(a) The applicant did not knowingly make a material misstatement in the application; and
(b) The operation pursuant to the issuance of the business tax certificate will be in compliance with the building, fire, electrical, plumbing and health requirements as set forth in this Code; and
(c) The operation pursuant to the issuance of the business tax certificate will be in compliance with all applicable laws. (Ord. 1722 § 8, 10-27-98. Formerly § 18-133).
5.50.050 Issuance of the business tax certificate.
If, upon investigation, the City Manager or designee finds that the operation pursuant to the issuance will be in compliance with the requirements described in this Code, the business tax certificate shall be granted. (Ord. 1722 § 8, 10-27-98. Formerly § 18-134).
5.50.060 Denial of request to operate peep show establishment.
If, upon investigation, the City Manager or designee finds that the operation of the business is not in compliance with any section of this Code, the applicant shall be given the opportunity for a hearing as described in Chapter 2.115 SCCC. (Ord. 1722 § 8, 10-27-98. Formerly § 18-135).
5.50.070 Maximum occupancy load.
No person shall operate a peep show establishment in which the number of persons in any room or partitioned portion of a room where a peep show device is located exceeds one person per thirty (30) square feet. The maximum occupancy load permitted in any room or partitioned portion of a room in which a peep show device is located shall be conspicuously posted by the owner, and shall remain posted, at the entrance to said room. (Ord. 1722 § 8, 10-27-98. Formerly § 18-136).
5.50.080 Maximum number of devices.
No person shall operate a peep show establishment in which the number of peep show devices exceeds the maximum occupancy load permitted in any room or partitioned portion of a room in which a peep show device is located. The maximum number of peep show devices permitted in any room or partitioned portion of a room in a peep show establishment shall be conspicuously posted by the owner, and shall remain posted, at the entrance to said room. (Ord. 1722 § 8, 10-27-98. Formerly § 18-137).
5.50.090 Wall, partition construction.
No person shall operate a peep show establishment unless any wall or partition which is situated so as to create a room, enclosure or booth in which a peep show device is located is constructed of not less than one hour fire-resistive material. (Ord. 1722 § 8, 10-27-98. Formerly § 18-138).
5.50.100 Minimum aisle width.
No person shall operate a peep show establishment in which the width of the aisles in any room where a peep show device is located is less than forty-two (42) inches. (Ord. 1722 § 8, 10-27-98. Formerly § 18-139).
5.50.110 Minimum doorways.
No person shall operate a peep show establishment unless there are no fewer than two doorways for a width no less than thirty-six (36) inches which provides ingress or egress from any room in which a peep show device is located; provided, however, that one doorway shall be sufficient in the event the Fire Chief should so determine. Doorway or doorways shall be unlocked during business hours. (Ord. 1722 § 8, 10-27-98. Formerly § 18-140).
5.50.120 Lighted exit signs.
No person shall operate a peep show establishment unless over every doorway which provides egress from any room in which a peep show device is located an internally illuminated exit sign with letters at least five inches in height is maintained. (Ord. 1722 § 8, 10-27-98. Formerly § 18-141).
5.50.130 Patron view of doorway.
No person shall operate a peep show establishment unless each peep show device located in such establishment is situated so as to permit the person using the peep show device to have a constantly unobstructed view of the doorway or doorways which provide ingress to or egress from the establishment. (Ord. 1722 § 8, 10-27-98. Formerly § 18-142).
5.50.140 Minimum lighting.
No person shall operate a peep show establishment unless a light level of no less than ten footcandles at floor level is maintained in every portion of said establishment to which the public is admitted. (Ord. 1722 § 8, 10-27-98. Formerly § 18-143).
5.50.150 Free access to City Manager or designee.
No person shall deny the City Manager or designee free access to a peep show establishment for the purposes of a reasonable inspection to enforce compliance with building, fire, electrical, plumbing or tax regulations. (Ord. 1722 § 8, 10-27-98. Formerly § 18-144).
5.50.160 Injunctive relief.
In addition to the legal remedies provided for in this Code, the operation of any peep show establishment in violation of this Code shall be deemed a public nuisance and may be enjoined. (Ord. 1722 § 8, 10-27-98. Formerly § 18-145).
5.50.170 Variance.
The City Council may permit such variance or deviation from the regulations hereof as will effectuate the purpose and intent hereof. (Ord. 1722 § 8, 10-27-98. Formerly § 18-146).