Chapter 11.70
ADULT BUSINESS LICENSES
Sections:
11.70.040 License Application Process.
11.70.060 License Requirements—General.
11.70.070 License Requirements—Adult Motion Picture Arcades.
11.70.080 License Requirements—Live Entertainment.
11.70.090 Expiration of License.
11.70.100 License Transferability.
11.70.110 Suspension of License.
11.70.120 Revocation of License.
11.70.130 Appeals to the City Council.
11.70.140 Pre-existing Legal Use.
11.70.010 Intent.
It is the intent of this chapter to regulate adult businesses, to promote the health, safety and general welfare of the citizens of the City of Santa Clarita and to establish reasonable and uniform regulations to prevent the deleterious effects of adult businesses from occurring within the City of Santa Clarita.
It is neither the intent nor the effect of this chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of this chapter to restrict or deny access by adults to sex-oriented materials or to deny access by the distributors or exhibitors of sex-oriented material to their intended market.
Nothing in this chapter is intended to authorize, legalize or license the establishment, operation or maintenance of any business, building or use which violates any City ordinance or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. (Ord. 97-1, 6/10/97)
11.70.020 Definitions.
“Adult” shall mean a person who is eighteen (18) years of age or older.
“Adult bookstore” shall mean an establishment that devotes more that fifteen (15) percent of the total floor area utilized for the display of books and periodicals to the display and sale of the following books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides tapes, records, or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
An adult bookstore does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal; stock-in-trade and does not devote more than fifteen (15) percent of the total floor area of the establishment to the sale of adult only books and periodicals.
“Adult business” shall mean any business which, because minors are excluded by virtue of their age as a prevailing business practice, is not customarily open to the general public, including but not limited to, an adult arcade, adult bookstore, adult theater, cabaret, love parlor, massage parlor, model studio, nude studio, sexual catharsis center, sexual encounter shop, sexual novelty store or any other similar use wherein the preponderant business is the offering of services, materials and/or products which have as their dominant theme the sexual arousal, sexual gratification and/or sexual stimulation of a customer.
This definition does not apply, nor shall be interpreted to apply, to any business conducted, operated by or employing licensed chiropractors, licensed physicians, licensed physical therapists, licensed psychologists, licensed social workers or licensed marriage and family counselors when performing functions under or pursuant to the respective license held.
“Adult cabaret” shall mean a nightclub, bar, theater, restaurant or similar establishment which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas and/or which regularly features films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.
“Adult motel” means a hotel, motel, or similar commercial establishment which:
1. Offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions or other medium, films, motion pictures, video cassettes, slides, or other photographic reproduction which are characterized or distinguished 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 reproduction; or
2. Offers or advertises a sleeping room for rent for a period of time that is less than ten (10) hours in a twenty-four (24) hour period; or,
3. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours in a twenty-four (24) hour period.
“Adult motion picture arcade” shall mean any place to which the adult public is permitted or invited where coin- or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, 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 an emphasis on depicting or describing specified sexual activities or specified anatomical areas for observation of patrons.
“Adult motion picture theater” shall mean an establishment, with the capacity of fifty (50) or more persons, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.
“Adult novelty store” is an establishment having, as a substantial portion of its stock-in-trade, a majority of its floor area, or a majority of its revenue derived from 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, including, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, pitlickers, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery-operated vaginas.
“Adult tanning salon” shall mean a business establishment where patrons receive tanning services in groups of two (2) or more and where patron, of the employees, or independent, contractors thereof of the establishment expose specified anatomical areas. Adult tanning salon or parlor shall also include a business establishment where a patron and an employee or independent contractor thereof 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 or independent contractors thereof are nude or expose specified anatomical areas.
“Business” shall mean and include any of the following:
1. The opening or commencement of any such business as a new business; or
2. The conversion of an existing business, whether or not an adult business, to any of the adult businesses defined in this chapter; or
3. The addition of any of the adult businesses defined in this code to any other existing adult businesses; or
4. The relocation of any such adult business
“Escort” shall mean a person who, for any form of consideration or gratuity, 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 agency” shall mean a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
“Employee” shall mean a person who works or performs in and/or for a adult business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business and regardless of technical status as employee or independent contractor.
“Figure modeling studio” shall mean any establishment or business which provides for members of the public, the services of a live human model for the purpose of reproducing the human body, wholly or partially in the nude, by means of photograph, painting, sketching, drawing, or other pictorial form.
“Individual viewing area” shall mean a viewing area designed for occupancy by one person. 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.
“Juice bar” is an establishment that features nude entertainment but serves no alcoholic beverages.
“Licensee” shall mean a person in whose name a license to operate an adult business has been issued, as well as the individual listed as an applicant on the application for a license.
“Massage parlor” shall mean any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with specified sexual activities, or where any person providing such treatment, manipulation, or service related thereto, exposes specified anatomical areas. The definition of adult business shall not include the practice of massage in any licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.
“Motel” shall mean the same as “hotel.”
“Nude or state of nudity” shall mean the appearance of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast.
“Operator” shall mean and include the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.
“Permittee” shall mean any person or owner to whom a permit is issued pursuant to this code.
“Permitted or licensed premises” shall mean any premises that requires a license and/or permit and that is classified as an adult business.
“Public building” shall mean any building owned, leased or held by the United States, the state, the county, the City, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes.
“Public park” or “recreation area” shall mean public land which has been designated for park, recreational, or art activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the City which is under the control, operation, or management of the City Department of Parks, Recreation, or Homeowner’s Association.
“Pre-existing legal use” shall mean a use legal when established but which does not conform to the provisions of the City of Santa Clarita’s Unified Development Code.
“Private viewing area” means an area or areas in an adult business designed to accommodate no more than five (5) 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.
“Regular and substantial course of conduct” shall mean:
1. Devoting more than fifteen (15) percent of total display area to the display of sex-oriented merchandise or sex-oriented material; or
2. Presenting any type of live entertainment characterized by an emphasis on specified sexual activities or specified anatomical areas, or performers, models or employees appearing in public in lingerie on any ten or more separate or consecutive days within any thirty day period; or
3. Deriving at least fifty (50) percent of gross receipts from the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
“Religious institution” shall mean any church, synagogue, mosque, temple, or building which is used primarily for religious worship and related religious activities.
“Residential zone” or “residential use” shall mean property which is zoned or approved for or used as a residential use and/or a single family house, duplex, townhouse, multiple family dwelling(s), or mobile home park or subdivision, and campground, recreational trailer park, or travel trailer park.
“School” shall mean any public or private educational facility including but not limited to child day care facilities, nursery schools, youth instructional schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.
“Seminude” shall mean a stage of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.
“Seminude model studio” shall mean any place where a person, who appears seminude or displays a specified anatomical areas is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.
“Sex-oriented material” shall mean any sex-oriented merchandise, or any book, periodical magazine, photograph, drawing, sculpture, motion picture film, video tape recording, or other visual representation which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
“Sex-oriented merchandise” shall mean but not be limited to dildos, auto sucks, sexually oriented vibrators, edible underwear, pitlickers, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery-operated vaginas.
“Sexual encounter establishment” shall mean an establishment, other than a hotel, motel, or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two (2) or more persons may congregate, associate, or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State of California engages in sexual therapy. For the purposes of these regulations, sexual encounter establishment shall include massage or rap parlor and other similar establishments.
“Shall” shall mean mandatory; “may” will mean permissive.
“Sheriff” shall mean the Sheriff of the County of Los Angeles, or the Sheriff’s designated representative.
Specified Anatomical Areas.
1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
“Specified criminal acts” shall mean acts which are sexual crimes against children, sexual abuse, rape or crimes connected with another adult business including but not limited to distribution of obscenity or material harmful to minors, prostitution or pandering.
Specified Sexual Activities.
1. The fondling or other touching of human genitals, pubic region, buttocks, anus, or female breasts; or
2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy; or
3. Masturbation, actual or simulated; or
4. Excretory functions as part of or in connection with any of the activities set forth in subsection 1 through 3 of this definition.
“Substantial enlargement of an adult business” shall mean an increase in the floor areas occupied by the business by more than fifteen (15) percent as the floor areas exist on effective date of the ordinance codified in this chapter.
“Transfer of ownership or control of an adult business” shall mean and include any of the following:
1. The sale, lease or sublease of the business; or
2. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
3. The establishment of a trust, gift or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.
“Waiter or waitress” is a man or woman who waits on tables. (Ord. 97-1, 6/10/97)
11.70.030 Applicability.
The provisions of adult businesses shall be applied to the following:
A. Adult motion picture arcade;
B. Adult bookstore;
C. Adult novelty store;
D. Figure modeling studio;
E. Adult cabaret;
F. Adult motel;
G. Adult tanning salon;
H. Adult motion picture theater;
I. Massage parlor;
J. Sexual encounter establishment;
K. Escort agency;
L. Seminude model studio;
M. Juice bar.
(Ord. 97-1, 6/10/97)
11.70.040 License Application Process.
A. It shall be unlawful for any person or entity to operate, engage in, conduct or carry on any adult business within the City of Santa Clarita unless the owner of said business first obtains, and continues to maintain in full force and effect, an adult business license issued by the City of Santa Clarita or its representative for the particular type of business. A valid license must be in the possession of the applicant in advance of the operation of an adult business.
B. The owner of the proposed adult business shall be the only person eligible to obtain an adult business license.
C. The owner of the adult business shall be required to obtain an approved adult business use permit with the City of Santa Clarita or its representative prior to obtaining an adult business license.
D. The following information and items shall be submitted by the owner at the time of applying for an adult business license:
1. A completed adult business license application form signed by the owner of the proposed adult business, and either the record owner of the property, his or her agent or, if the business premises are subleased to the applicant business, the sublessor of the premises.
2. A site plan designating the building and/or unit proposed for the adult business and a dimensional interior floor plan depicting how the business will comply with all applicable requirements of this chapter.
3. A statement signed by the owner under penalty of perjury attesting to the truth and accuracy of the application and the information submitted therewith.
4. The owner shall be eighteen (18) years or older.
5. Payment of the application fee as set by resolution of the City Council.
6. A statement listing all criminal convictions or pleas of nolo contendere, except those which have been expunged or sealed by court order, or authorized or required to be kept confidential pursuant to Welfare and Institutions Code Sections 600 through 900, and the disposition of all arrests of the applicant, individual, or other entity subject to disclosure under this chapter, for five (5) years prior to the date of the application. This disclosure shall include identification of all ordinance violations, except minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor traffic offense), stating the date, place, nature of each conviction or plea of nolo contendere, and sentence of each conviction or other disposition; identifying the conviction jurisdiction, and sentencing court providing court identifying case numbers or docket numbers.
7. Attached to the application form, two (2) color photographs of the applicant clearly showing the individual’s face, and the individual’s fingerprints on a form provided by the entity providing law enforcement services to the City. Any fees for the photographs and fingerprints shall be paid by the applicant.
E. Notwithstanding the above, no application for an adult business license shall be accepted or processed for any business that has had an adult business license revoked within the preceding three (3) year period. (Ord. 97-1, 6/10/97)
11.70.050 License Standards.
A. The adult business license, within ninety (90) calendar days of filing a complete license application, shall be approved and issued if the standards and requirements of this chapter have been met; otherwise, the license shall be denied. Notice of the approval or denial of the license shall be given to the owner in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service within three (3) business days of the date of such decision. The times set forth in this subsection shall not be extended except upon the written consent of the applicant.
B. The adult business license shall be approved and issued if the application and evidence submitted show that:
1. The adult business will be located in a zone permitting adult businesses as a use, or is considered to be a pre-existing legal use by the City’s Unified Development Code; and
2. The adult business will meet all applicable building, fire, electrical, health and plumbing regulations; and
3. The adult business will not be located, in whole or in part, within any portable structure; and
4. The applicant, or the applicant’s representatives, have not knowingly made any false, misleading or fraudulent statement of material fact in the application.
5. The applicant has not been convicted of a specified criminal act for which:
a. Less than two (2) years have elapsed since the date of conviction or the date of release from confinement, which ever 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 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, which ever 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 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, which ever 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 business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering; 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.
An applicant who has been convicted of any of the above described specified criminal acts may qualify to own, operate, or manage an adult business only when the required time period has elapsed. (Ord. 97-1, 6/10/97)
11.70.060 License Requirements—General.
A. For adult businesses which exceed an occupant load of one hundred twenty-five (125) persons or five thousand (5,000) square feet, 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 Planning Commission and 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.
B. Landscaping shall conform to the standards established for the zone, except that, if the adult business is the sole use on a lot, no planting shall exceed thirty (30) inches in height, except trees with foliage not less than six (6) feet above the ground.
C. The premises within which the adult business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate space within the same building.
D. No exterior door or window on the premises shall be propped or kept open at any time while the business is open.
E. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance or exit to the business.
F. All indoor areas of the adult business within which patrons are permitted, except rest rooms, shall be open to view at all times.
G. Except as specifically provided in this chapter, the adult business shall comply with the parking, development and design standards established for the zone in which the business is located.
H. No sex-oriented material or sex-oriented merchandise shall be displayed in such a manner as to be visible from any location other than the premises occupied by the sex-oriented business.
I. No person under the age of eighteen (18) years and no person obviously intoxicated shall be permitted within the premises at any time. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the adult business.
J. No adult business, excepting an adult motel, shall operate between the hours of eleven p.m. and ten a.m. No owner, operator, manager, employee, or independent contractor of an adult business, except an adult motel, regardless of whether or not a permit has been issued for said business under the provisions of this Code, shall allow such business to remain open for business, or no owner, operator, manager, or employee of an adult-business shall permit any employee or independent contractor 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 eleven p.m. and ten a.m.
K. The adult business shall provide and maintain separate rest room facilities for male patrons and employees and female patrons and employees. Male patrons and employees shall be prohibited from using the rest room(s) for females, and female patrons and employees shall be prohibited from using the rest room(s) for males, except to carry out duties of repair, maintenance and cleaning of the rest room facilities. The rest rooms shall be free from all sex-oriented materials and sex-oriented merchandise. Rest rooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this subsection shall not be applicable to an adult business which deals exclusively with sale or rental of merchandise which is not used or consumed on the premises, such as an adult bookstore, and which does not provide rest room facilities to its patrons or the general public.
L. The building entrance shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises.
M. No advertising sign, billboard, 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 specified sexual activities, shall be shown or exhibited so as to be visible from any exterior area.
N. A manager shall be on-duty at all times during operating hours.
O. No exterior doors or windows on the premises shall be open at any time and any exterior windows shall be covered with opaque covering.
P. The exterior grounds, including the parking lot, shall be sufficiently lighted to the satisfaction of the Director of Community Development during all hours of operation to allow all areas to be visible at all times. In addition all exterior lighting shall remain on for at least thirty (30) minutes after the closing time of the adult business to promote safety for employees thereof. All exterior grounds shall be maintained in a clean and orderly manner free of trash, debris, and weeds.
Q. No special events, promotions, concerts, or similar activities which are likely to increase parking demand shall be permitted.
R. The adult business use permit and adult business license required by the ordinance shall be posted at the front interior entrance and shall be kept valid/current at all times.
S. No partitions between subdivisions of a room, portion, or part of a building, structure, or premises, including restrooms may have an aperture, hole, slit, or other opening or gap which is designed or otherwise constructed to encourage, permit, or allow sexual activity between persons on either side of the partition.
T. 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 City’s Planning Department, Los Angeles County Fire Department and the City’s Building Department.
U. Any viewing room shall be directly visible from the manager’s station of the adult 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.
V. No person shall operate more than one adult business under a single roof.
W. All areas of the adult business shall be illuminated at a minimum of the following footcandles, minimally maintained and evenly distributed at ground level:
|
Area |
Footcandles |
|
Adult Bookstores |
20 |
|
Adult theaters and cabarets |
5 (except during performances, at which times lighting shall be at least 1.25 footcandles) |
|
Adult arcades |
10 |
|
Adult motels/hotels |
20 (in public areas) |
|
Modeling studios |
20 |
|
Other adult businesses |
20 |
X. I.D. will be checked for appropriate age (eighteen (18) years or older) before any customer is allowed in the adult business. (Ord. 97-1, 6/10/97)
11.70.070 License Requirements—Adult Motion Picture Arcades.
Adult motion picture arcades which provide more than one viewing area shall conform to all the requirements previously set forth in this chapter and shall also conform to the following additional requirements:
A. Upon application for a adult 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, specifying the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the adult business license will be conspicuously posted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to any accuracy of plus or minus six (6) inches.
B. Prior to any alteration in the configuration of the diagram, the owner shall submit a new diagram.
C. It is the duty of the owner(s) to insure 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. No individual viewing area may be occupied by more than one person at any one time. (Ord. 97-1, 6/10/97)
11.70.080 License Requirements—Live Entertainment.
Adult businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities shall conform to all the requirements previously set forth in this chapter and shall also conform to the following additional requirements:
A. No person shall perform live entertainment for patrons of an adult business except upon a stage at least eighteen (18) inches above the level of the floor which is separated by a distance of at least six (6) feet from the nearest area occupied by patrons, and no patrons shall be permitted within six (6) feet of the stage while the stage is occupied by an entertainer.
B. The adult business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers’ use.
C. The adult business shall provide an entrance or exit to the premises for entertainers which is separate from the entrance or exit used by patrons.
D. No employee shall have physical contact with any patron and no patron shall have physical contact with any entertainer while on the premises engaging in a performance.
E. Fixed rails at least forty-two (42) inches in height shall be maintained establishing the separations between entertainers and patrons. (Ord. 97-1, 6/10/97)
11.70.090 Expiration of License.
A. Each license shall expire one year from the date of issuance and may be renewed if the adult business is currently in full compliance with all of the provisions of the chapter, and including the following:
1. A renewal application is completely and properly filled out;
2. The application is signed and approved by the Director of Community Development;
a. An application must be filed with the Department of Community Development within thirty (30) days before the expiration date. If the adult business does not file renewal permit application before the expiration date, the business shall cease occupancy until the renewal application is received and approved by the Director of Community Development.
b. The Director of Community Development has five (5) business days to deny or approve the renewal application. If the Director does not deny or approve the renewal application within the time allowed the application shall be deemed approved at the end of the time allowed.
B. When the Director of Community Development denies renewal of the permit, the adult business shall not be issued a permit under this code for one year from the date of denial. If, subsequent to denial, the Director of Community Development, finds that the basis for denial of the renewal of the permit has been corrected, the adult business shall be granted a permit if at least ninety (90) days have elapsed since the date denial became final. (Ord. 97-1, 6/10/97)
11.70.100 License Transferability.
No adult business license shall be sold, transferred, or assigned by any licensee, or by operation of law, to any other person, group, partnership, corporation or entity, and any such sale, transfer or assignment, or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of such license, and such license shall thereafter be null and void. An adult business license held by an individual in a corporation or partnership is subject to the same rules of transferability described above. Any change in the nature or composition of the adult business from one type of adult business use to another type of adult business use shall also render the license null and void. An adult business license shall be valid only for the exact location specified in the license. (Ord. 97-1, 6/10/97)
11.70.110 Suspension of License.
A. The Director of Community Development shall suspend a license for a period not to exceed thirty (30) days if he/she determines that a licensee, or an employee of a licensee, has:
1. Violated or is not in compliance with any section of this code; or
2. Engaged in the excessive use of alcoholic beverages while on the adult business premises; or
3. Refused to allow an inspection of an adult business premises as authorized by this code; or
4. Operated the adult business in violation of a building, fire health, or zoning statute, code ordinance or regulation, whether federal, State or local, said determination being based on investigation by the division, department or agency charged with enforcing said rules or laws. In the event of such statute, code, ordinance or regulation violation, the City shall promptly notify the licensee of the violation and shall allow the licensee a seven (7) day period in which to correct the violation. If the licensee fails to correct the violation before the expiration of the seven (7) day period, the City shall forthwith suspend the license and shall notify the licensee of the suspension; or
5. Operated the adult business in violation of the hours of operation; or
6. Allowed minors (seventeen (17) years old and under) to enter the adult business.
B. The suspension shall remain in effect until the violation of the statute, code, ordinance or regulation in question has been corrected. (Ord. 97-1, 6/10/97)
11.70.120 Revocation of License.
A. The Director of Community Development shall revoke a license if a cause of suspension in this chapter occurs and the license has been suspended within the preceding twelve (12) months.
B. The Director of Community Director shall revoke a license upon determining that:
1. A licensee gave false or misleading information in the material submitted during the application process that tended to enhance the applicant’s opportunity for obtain a permit; or
2. A licensee or an employee has knowing allowed possession, use or sale of controlled substances on the premises; or
3. A licensee or an employee has knowingly allowed prostitution on the premises; or
4. A licensee or an employee knowingly operated the adult business during a period of time when the licensee’s license was suspended; or
5. On two (2) or more occasions within a twelve (12) month period, a person or persons committed an offense, occurring in or on the licensed premises, constituting a specified criminal act for which a conviction has been obtained, and the person or persons were employees of the adult business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the permit; or
6. A licensee is convicted of tax violations related to an adult business; or
7. A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or any other specified sexual activities to occur in or on the licensed premises; or
8. Operating more than one adult business under a single roof; or
9. Knowingly permitted gambling by any person on the adult business premises.
C. When the Director of Community Development revokes a license, the revocation shall continue for one year and the licensee shall not be issued an adult business license for one year from the date revocation became effective. If, subsequent to revocation, the Director of Community Development finds that the basis for revocation under this chapter has been corrected, the applicant shall be granted a license if at least ninety (90) days have elapsed since the date revocation became effective. If the license was revoked under this chapter, an applicant may not be granted another license until the number of years required under this chapter has elapsed.
D. The licensee shall allow any appropriate officer of the City of Santa Clarita to conduct unscheduled inspections of the premises of the adult business for the purpose of ensuring compliance with the law at any time the sex-oriented business is open for business or is occupied. (Ord. 97-1, 6/10/97)
11.70.130 Appeals to the City Council.
A. If an adult business license is denied, revoked, or suspended by the Director of Community Development, the applicant shall have fifteen (15) days from the date of denial, revocation, or suspension to appeal the decision to the City Council. The request for the appeal shall be typed (included with an appeal fee) and submitted to the City Clerk. If appealed the City Council shall act on the appeal during a public hearing no later than sixty (60) days from the date of the Director of Community Development’s denial, revocation, or suspension. If the City Council does not act on the appeal within the sixty (60) days, the application shall be deemed approved and the applicant shall be entitled to engage in the proposed use subject to the remaining provisions of this chapter and all other applicable laws and City ordinances or regulations. (Ord. 97-1, 6/10/97)
11.70.140 Pre-existing Legal Use.
A. Any adult business lawfully operating before the effective date of the ordinance codified in this chapter or lawfully operating before annexation in the City of Santa Clarita that is in violation of this chapter shall be deemed a pre-existing legal use. A pre-existing legal use will be permitted to continue to operate for a period of two (2) years without compliance with this chapter, as long as such pre-existing legal use shall not change in ownership, size, or is alternated or modified in any way. Any pre-existing legal adult business that ceases operation for a period of thirty (30) days shall be subject to all the provisions of this chapter.
B. An adult business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of an adult business use permit and/or an adult business license, of a church, school, public park, public building, residential zone, or residential lot within one thousand (1,000) feet of the adult business. This provision applies only to the renewal of a valid permit and license and does not apply when an application for a permit and license is submitted after a permit and license has expired or has been revoked. (Ord. 97-1, 6/10/97; amend. Ord. 98-3, 2/10/98)
11.70.150 Fees.
For the purpose of fees only, the following adult businesses shall be grouped in eight different classifications of the business license fee schedule:
A. Entertainment (adult)
Adult cabaret
Juice bar
Adult tanning salon
Sexual encounter establishment
B. Massage parlor (adult)
Massage parlor
C. Model studio
Figure modeling studio
Seminude model studio
D. Bookstore (adult)
Adult bookstore
Adult novelty store
E. Motel
Adult motel
F. Escort bureau
Escort agency
G. Picture arcade (adult)
Adult motion picture arcade
H. Theatre (adult)
Adult motion picture theater
(Ord. 97-1, 6/10/97)