Division 7. Specific Development Standards
Chapter 17.61
ADULT BUSINESS REGULATIONS
Sections:
17.61.030 Legal Nonconforming Use.
17.61.040 Locational and Distance Requirements.
17.61.050 Adult Business Use Permit Application.
17.61.060 Timeline for Land Use Review and Decisions Concerning Adult Business Use Permit.
17.61.070 Findings Requiring Application Approval.
17.61.080 Appeals to the Council.
17.61.090 Performance/Development Standards.
17.61.100 Couch Dancing/Straddle Dancing and Other Sexual and Related Activities Are Prohibited.
17.61.120 Suspension of Permit.
17.61.130 Revocation of Permit.
17.61.140 Annual Compliance Letter.
17.61.010 Purpose.
It is the purpose and intent of this chapter to regulate adult businesses in order to promote the health, safety, morals and general welfare of the citizens of the City and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of adult businesses within the City, thereby reducing or eliminating the adverse secondary effects from such adult businesses. The provisions of the section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communication materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of the chapter to condone or legitimize the distribution of obscene material or material harmful to minors. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.61.020 Applicability.
A. Adult businesses shall only be permitted to be operated in the community commercial (CC) zone or business park (BP) zone, and shall be subject to all the regulations and provisions in this code. The provisions of adult businesses shall be applied to the following:
1. Adult motion picture arcade;
2. Adult bookstore;
3. Adult novelty store;
4. Figure modeling studio;
5. Adult cabaret;
6. Adult motel;
7. Adult tanning salon;
8. Adult motion picture theater;
9. Sexual encounter establishment;
10. Escort agency;
11. Semi-nude model studio;
12. Juice bar. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.61.030 Legal Nonconforming Use.
A. All design and performance standards set forth in Section 17.61.090 (Performance/Development Standards) and locational and distance requirements set forth in Section 17.61.040 (Locational and Distance Requirements) are deemed to be necessary for the protection of the public health, safety and welfare and shall be applicable and govern all existing and proposed adult businesses and shall immediately apply to any proposed adult business upon adoption and passage of the ordinance codified in this chapter.
B. In the event that there is any adult business lawfully in existence prior to the adoption of the ordinance codified in this chapter that is not in compliance with the design and performance standards of Section 17.61.090 (Performance/Development Standards), any such adult business shall be considered a legal nonconforming use and shall conform to all design and performance standards within two (2) years of the effective date of said ordinance.
C. In the event that there is any adult business lawfully in existence prior to the adoption of the ordinance codified in this chapter that is not in compliance with the locational and distance requirements of Section 17.61.040 (Locational and Distance Requirements), any such adult business shall be considered a legal nonconforming use and shall conform to all standards within five (5) years of the effective date of said ordinance.
D. Any adult business which was a legal use at the time of annexation of the property into the City but which is a nonconforming use after annexation shall be subject to the same time requirements as indicated in subsections (B) and (C) of this section, starting from the date of annexation.
E. Any discontinuance or abandonment of the use of any lot or structure as an adult business shall result in a loss of legal nonconforming status. Any nonconforming use lawfully in existence prior to the adoption of the ordinance codified in this chapter may be continued, except as provided in this chapter; provided, that the use shall not be increased, enlarged, extended, or altered. Upon the conclusion of the amortization period, any adult business which is a nonconforming use shall cease all business operations and all signs, advertising and displays relating to said business shall be removed within thirty (30) days.
F. An application for extension of the amortization period for an adult business which is a nonconforming use shall be made as provided herein.
1. The owner of the property on which an adult business is located or the owner of the adult business who desires to extend the applicable amortization period must apply for approval of an extension not later than six (6) months prior to expiration of the amortization period, unless the City Manager or designee determines that good cause is shown for late filing of the application. Such application shall be made in writing on a form as prescribed by the City and shall be accompanied by the required fee as established by resolution of the Council. The party requesting the extension of the amortization period shall bear the burden of proof in establishing that the amortization period is unreasonable and that the requested extension is a reasonable amortization period for the owner to receive a fair rate of return on the investment in the business. The party applying for the extension shall furthermore be required in order to meet its burden of proof to submit the documentation set forth in this chapter.
2. Not later than thirty (30) days after submittal of an application to extend the amortization period, the City Manager or designee shall notify the applicant, in writing, if the application is not complete. A complete application shall include:
a. The applicant’s signature;
b. A written request for an extension of the amortization period which shall include information relevant to the factors listed in subsection (H) of this section and shall identify the term of the requested extension;
c. The required fees;
d. A mailing list and a set of gummed labels attached to envelopes with first-class postage fully paid thereon with the names, addresses and tax assessor’s parcel numbers of all owners of real property within a radius of one thousand (1,000) feet from the external boundaries of the property on which the adult business is located; and
e. A tax assessor’s parcel map identifying the properties to be notified within the one thousand (1,000) foot radius.
If the application is not complete, the City Manager shall specify in writing those parts which are incomplete and shall identify the manner by which the application can be made complete. If a written determination is not provided to the applicant within (30) calendar days after it is submitted, the application shall be deemed complete.
G. The Commission shall hold a noticed public hearing on the request for an extension.
H. Criteria and Findings. In determining whether to grant an extension of the amortization period for an adult-oriented business which is a nonconforming use, and in determining the appropriate length of such an extension, the Commission shall consider the amount of investment in the business, the opportunities for relocation to a legally permissible site, the costs of relocation, the effects of the business on the surrounding area and the following additional factors:
1. The present actual and depreciated value of business improvements;
2. The applicable Internal Revenue Service depreciation schedule or functional nonconfidential equivalents;
3. The remaining useful life of the business improvements;
4. The remaining lease term;
5. The ability of the business and/or land owner to change the use to a conforming use; and
6. The date upon which the property owner and/or business operator received notice of the nonconforming status of the adult business and the amortization requirements.
I. The Commission, or the Council on appeal, shall receive and consider evidence presented by the applicant and any other persons, and shall make findings that the amortization period it establishes is reasonable in view of the evidence and the criteria set forth above.
J. 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. 13-8 § 4 (Exh. A), 6/11/13)
17.61.040 Locational and Distance Requirements.
A. No person shall cause or permit the operation of any adult business within one thousand (1,000) feet of another adult business, within one thousand (1,000) feet of any religious institution, school, public park, public building, or within one thousand (1,000) feet of any property zoned or approved for residential use or used for residential purposes.
B. Distance between any two (2) adult businesses shall be measured in a straight line, without regard to intervening structures, from the nearest property line to the nearest property line of each business. The distance between any adult business and any religious institution, school, public park, public building or any properties zoned for residential use or used for residential purposes shall also be measured in a straight line, without regard to intervening structures or objects from the nearest property line of the premises where the adult business is conducted, to the nearest property line of the premises of a religious institution, school or public park or public building or the nearest boundary of an affected residential zone or residential lot. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.61.050 Adult Business Use Permit Application.
A. In order to operate an adult business within the City, the applicant or proprietor of the business must obtain the adult business license required by this chapter and an adult business use permit as required herein. It shall be unlawful and a misdemeanor, subject to punishment in accordance with this chapter, for an owner, operator, manager, employee, or independent contractor to operate an adult business without possessing an adult business use permit required by this code. In order for the application to be deemed or determined complete, the applicant shall pay the filing fee for an adult business use permit. All applicants for such a permit, in addition to any application or documents required to be filed pursuant to the provisions of this chapter, shall file a written, signed and verified application on a form provided by the City. The completed application shall contain the following information and shall be accompanied by the following documents:
1. If the applicant is:
a. An individual, the individual shall state his/her legal name and any aliases and submit satisfactory proof that he/she is eighteen (18) years of age.
b. A partnership, the partnership shall state its complete name and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any.
c. A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers, directors and principal stockholders and the name of the registered corporate agent and the address of the registered office for service of process.
2. The applicant’s mailing addresses and residential address.
3. Location and address including legal description of the proposed adult business.
4. A recent photograph of the applicant(s).
5. The applicant’s driver’s license number, Social Security number and/or his/her State or Federally issued tax identification number.
6. Ten (10) legible blueline (folded to approximately eight (8) inches by twelve (12) inches) copies (using an engineer’s scale of one (1) inch equals twenty (20) feet) of the floor plan showing the configuration of the premises, including a statement of total floor space occupied by the business.
7. Twenty (20) straight-line, legible blueline (folded to approximately eight (8) inches by twelve (12) inches) copies of the site plan prepared within thirty (30) days prior to application by a California registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by this chapter within one thousand (1,000) feet of the property to be certified; the property lines of any established religious institution, school, or public park or recreation area within one thousand (1,000) feet of the property to be certified; and the property lines of any residentially zoned area or residential property within one thousand (1,000) feet of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted.
8. Two (2) copies of each of the following:
a. Land use map (one thousand (1,000) foot radius).
i. Draw at a scale of one (1) inch to one hundred (100) feet;
ii. Indicate the applicant’s property (with dimension); all surrounding property within the radius (measured from the exterior boundaries of the subject property); all streets, highways, alley, rights-of-way, current lot lines; and all tract lot and house numbers;
iii. Indicate existing uses (house, apartment, store, vacant, etc.) on all lots, parcels and portions thereof within the radius; and
iv. Distinguish the applicant’s property from surrounding property.
b. Property ownership map (one thousand (1,000) foot radius).
i. Draw at a scale of one (1) inch to two hundred (200) feet;
ii. Indicate the applicant’s property (with dimensions); all surrounding property within the radius (measured from the exterior boundaries of the subject property); all streets, highways, alleys, rights-of-way, current lot lines; and all tract lot and house numbers;
iii. Indicate ownership of property within the radius (number lots to correspond to the property owners list described below); and
iv. Distinguish the applicant’s property from surrounding property.
c. Property proximity map (eight and one-half (8 1/2) inches by eleven (11) inches) indicating surrounding property within a radius of three hundred (300) feet and two thousand five hundred (2,500) feet from the exterior boundaries of the subject property.
9. Prepare a complete list of names and mailing addresses of the current owners of each parcel or lot within, or partially within, a one thousand (1,000) foot radius of the subject property. This information must be as it appears on the latest available assessment roll of the L.A. County Assessor, and shall be certified as true and correct. Each name shall be assigned a number on the list indicating corresponding numbers on the parcels or lots on the ownership map. In addition a certified property owners list affidavit shall be submitted to verify completeness and accuracy of the names and addresses. An inaccurate or incomplete list shall constitute cause for removal of the case from the agenda or necessitate a rehearing of the case after proper noticing of affected property owners.
10. One (1) complete set of mailing labels for all of the property owners within a one thousand (1,000) foot radius of the exterior boundaries of the subject property, including the following:
a. Name and address of the property owner(s);
b. Name and address of the manager of any mobilehome park, or portion thereof, within a one thousand (1,000) foot radius of the property. Such label shall include the letters “MHP” apart from the address so that such notices contain a request to post the notice in a public area or within the park; and
c. One (1) set of blank envelopes, with the correct amount of postage on each envelope, sufficient to complete one (1) mailing of notices. Notices will be mailed by the Community Development Department.
11. A detailed description of the manner of providing proposed entertainment, including type of entertainment and the number of persons engaged in the entertainment.
12. Proposed hours of operation.
13. The name or names of the person or persons having responsibility for the management or supervision of the applicant’s business and of any entertainment.
14. Whether the applicant or any other individual listed pursuant to this chapter holds any other permits and/or licenses under this chapter or other similar adult business ordinance from another city or county and, if so, the names and locations of such other permitted businesses.
15. Whether the applicant or any of the other individuals listed pursuant to this chapter has had a previous permit under this chapter or other similar ordinances from another city or county denied, suspended or revoked, including the name and location of the adult business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or any other individuals listed pursuant to this chapter has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is permitted under this chapter whose permit has previously been denied, suspended or revoked, including the name and location of the adult business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
16. Whether the applicant or any of the other individuals listed on the application has within the last five (5) years, immediately preceding the date of the application, been convicted of a specified criminal act or tax violation, and, if so, the specified criminal act or tax violation involved, the date of conviction and the place of conviction.
17. The applicant shall be required to pay a nonrefundable application fee as specified in the schedule of fees at the time of filing an application under this chapter.
18. One (1) official set of the applicant(s) fingerprints (obtained from Los Angeles County Sheriff’s office). The City shall submit/send the fingerprints to the State Department of Justice for a Criminal History Background Check within seventy-two (72) hours of receiving the fingerprints from the applicant(s). The application shall not be deemed complete until the City has received fingerprints from the applicant. If the City does not receive the background check from the Justice Department within sixty (60) days, this requirement will be waived, but does not exempt the applicant from subsequent revocation or suspension if all requirements are not met.
19. The applicant shall be required to display an on-site sign containing information about the proposed project and the public hearing. Signage requirements can be obtained in the Planning Division. The on-site sign must be posted twenty-one (21) days prior to the public hearing.
B. Applicants for a permit under this chapter shall have a continuing duty to promptly supplement application information required by this chapter in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty (30) days from the date of such change, by supplementing the application on file with the Director shall be grounds for suspension of a permit.
C. In the event that the Director determines or learns at any time that the applicant has improperly completed the application for a proposed adult business, they shall notify the applicant of such fact within thirty (30) days and allow the applicant ten (10) days to properly complete the application. (The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.)
D. Prior to obtaining any permit to operate any adult business defined in this chapter, and as part of any application for a permit under this chapter, the applicant shall obtain a written letter signed by the Director that the proposed location of such business complies with the locational requirements of this chapter.
E. By applying for a permit under this chapter, the applicant shall be deemed to have consented to the provisions of this chapter of the code, and to the Los Angeles County Sheriff’s office and all other City agencies charged with enforcing the laws, ordinances and code applicable in the City of their respective responsibilities.
F. The applicant(s) shall receive a dated, signed and written letter from the Director when the application is deemed complete. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.61.060 Timeline for Land Use Review and Decisions Concerning Adult Business Use Permit.
A. The Commission shall approve or disapprove the completed adult business use permit application within sixty (60) days of its acceptance as complete by the Director, unless extended upon the written consent of the Director and the applicant.
B. Within sixty (60) days of receipt of the completed application by the Director, the Commission shall conduct a noticed hearing on the application for an adult business use permit and shall approve the application if the application meets the requirements of this code and shall deny the application if any of the findings set forth in this code cannot be fulfilled. The Commission shall issue its decision during the public hearing. If the Commission fails to approve or deny the application within the sixty (60) days, or any extension thereof, of the receipt of the completed application, the application shall be deemed approved by the Commission entitling the applicant to engage in the proposed use, subject to the remaining provisions of this code.
C. In the event the information requested pursuant to the code is not available prior to the granting of the permit, the Commission shall, if the application otherwise meets the requirements of this code, issue the permit. Should information later obtained pursuant to this code materially vary from that contained in the application, such variance shall be cause to revoke the permit. Any permit issued prior to the City receiving the information required shall state clearly on its face that the adult business use permit is subject to suspension or revocation pursuant to the provisions of this code and all other applicable laws and ordinances, including revocation and suspension provisions hereof. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.61.070 Findings Requiring Application Approval.
A. The Commission, or Council on appeal, shall approve the application for an adult business use permit unless it is unable to make one (1) or more of the following findings:
1. That all applicable fees have been paid.
2. That the applicant or the applicant’s spouse is not overdue in payment to the City of any fees, fines or penalties assessed against or imposed in relation to an existing or former adult business.
3. That the building, structure, equipment and location used by the business for which an adult business use permit is required complies with the requirements and standards of the health, building, zoning, fire and safety laws of the State of California, the Los Angeles County Fire Department and the City.
4. That the conduct of the adult business as proposed by the applicant, if permitted, will comply with all applicable laws, including, but not limited to, the City’s building, zoning, fire and health and safety regulations.
5. That the applicant is eighteen (18) years of age or older.
6. That the use is permitted in the zone, district, or area in which it is proposed to be located and is in conformity with the applicable development standards of that zone, district or area, including the provision of required parking.
7. That the use is in conformity with the locational criteria set forth in this code.
8. That the design of the site and the proposed improvements are in compliance with all applicable design provisions of this code.
9. That the proposed conduct of the adult business is in compliance with all applicable performance standards of this code.
10. That the applicant, partnership, or corporation has not knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult business use permit, or in any report or record required to be filed with the City or County.
11. That on the date that the business for which a permit is required herein commences, or thereafter, there will be a responsible person on the premises to act as manager at all times during which the adult business is open.
12. That an 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, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, distribution of obscenity; distribution, display or sale of material harmful to minors; prostitution; or pandering.
b. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering.
c. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two (2) or more misdemeanors for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; pandering; or conviction of any such offense occurring within twenty-four (24) months prior to application.
d. The fact that a conviction is being appealed shall have no effect on disqualification of the applicant.
e. An applicant who has been convicted of any of the above described specified criminal acts may qualify to own, operate or manage an adult business only when the required time period has elapsed.
B. In the event the Commission, or the Council on appeal, denies an adult business use permit application, the business, if operating, shall cease its operations as an adult business use permit and no further activities regulated by this code shall be conducted on the premises unless and until an adult business use permit and a required adult business license is obtained. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.61.080 Appeals to the Council.
If an adult business use permit is denied by the Commission, the applicant shall have fifteen (15) days from the date of the hearing in which to appeal the decision to the Council. An appeal shall be requested by a typed letter and required appeal fee to the City Clerk. If appealed, notice of the hearing before the Council shall be mailed (envelopes, stamps, mailing labels of all property owners within a one thousand (1,000) foot radius of the subject property shall be supplied by the applicant) and published in the City’s official newspaper and the hearing shall be held at the earliest possible date authorized by law, but in no event later than sixty (60) days from the date of the Commission’s action to deny the application. The Council shall act on the appeal during the Council public hearing. If the 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 the code and all other applicable laws and City ordinances or regulations. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.61.090 Performance/Development Standards.
The establishment of an adult business shall comply with the applicable site development standards of the code including the following:
A. The building entrance shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises.
B. A manager shall be on duty at all times during operating hours.
C. No exterior doors or windows on the premises shall be open at any time and any exterior windows shall be covered with opaque covering.
D. If the adult business is the sole use on the lot no landscaping shall exceed thirty (30) inches in height, except trees with foliage not less than six (6) feet above the ground.
E. The exterior grounds, including the parking lot, shall be sufficiently lighted to the satisfaction of the Director 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.
F. 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.
G. No special events, promotions, concerts, or similar activities which are likely to increase parking demand shall be permitted.
H. All areas of the adult business shall be illuminated at a minimum of the following footcandles, normally 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 |
I. The adult business use permit and adult business license required by this chapter shall be posted at the front interior entrance and shall be kept valid/current at all times.
J. The proposed site is adequate in size and shape to accommodate the required yards, fences, walls, parking and loading facilities, landscaping and other development features prescribed within the code.
K. 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.
L. 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 Los Angeles County Fire Department and the City’s Building and Safety Division.
M. Any adult business in which live entertainment is performed shall have such performances only conducted on a stage or on a platform that is raised eighteen (18) inches and which has a rail which does not allow patrons to be any closer to the performers than six (6) feet. Said rail shall be at least forty-two (42) inches in height above the stage or platform and shall be installed around the perimeter of the stage or platform.
N. 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.
O. 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.
P. Off-street parking shall be provided for the adult business on-site and as specified in the code and as follows:
1. Adult Theater, Adult Cabaret, Adult Motion Theater or Adult Arcade. One (1) parking space shall be provided for every two (2) seats in a viewing room, or one (1) parking space shall be provided for every two (2) occupants per the allowable occupant load as established by the City’s Building Official and/or Fire Department, whichever standard is greater. In addition, one (1) parking space shall be provided for each employee or independent contractor on the maximum shift.
Q. Any person who operates or causes to be operated an adult business, other than an adult motel, which exhibits on the premises in a private viewing area or individual viewing area of less than one hundred fifty (150) square feet of floor space, a film, video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas shall comply with the following requirements:
1. Upon application for an adult business use permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one (1) or more manager’s stations, the location of all overhead lighting fixtures, and designating any portion of the premises in which patrons shall not be permitted. A manager’s station(s) shall not exceed thirty-two (32) square feet of floor area.
2. No alteration in the configuration or location of a manager’s station shall be made without the prior written approval of the Director.
3. It is the duty of the permit holder to ensure that at least one (1) employee is on duty and situated at each manager’s station at all times that any patron is present inside the premises.
4. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms shall not contain video reproduction and/or monitoring equipment. If the premises has two (2) or more manager’s stations designed, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one (1) of the manager’s stations. The view required in this section shall be by direct line of sight from the manager’s station.
5. It shall be the duty of the permit holder and any employees or independent contractors present on the premises to ensure that the view area specified in subsection (Q)(4) of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designed as an area in which patrons shall not be permitted in the application filed pursuant to this chapter.
R. 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 approving authority 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.
S. Adult Motion Picture Theater/Adult Arcade.
1. A manager’s station shall be located near the main entrance and the station shall be provided with an unobstructed view of all motion picture or arcade viewing areas.
2. No adult motion picture theater or adult arcade shall be maintained or operated unless the complete interior of the adult motion picture theater or adult arcade is visible upon entrance to such premises. No partially or fully enclosed booths shall be maintained.
3. Maximum Number of Devices. No person shall operate an adult motion picture theater or adult arcade in which the number of image producing devices exceeds the maximum occupancy load permitted in any room or partitioned portion of a room in which an image producing device is located.
T. Adult Hotel/Motel.
1. Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented or subrented and vacated two (2) or more times in a period of time that is less than ten (10) hours within a twenty-four (24) hour period on a recurring basis creates a rebuttable presumption that the establishment is an adult hotel/motel as that term is defined in this chapter.
2. A person is in violation of the provision of this code if such person rents or subrents a sleeping room at a location without an adult business license and an adult business use permit to a person or persons and within ten (10) hours thereafter rents or subrents the same room to another person(s), or subrents the same room to the prior renter.
U. No loud speaker or sound equipment audible to persons in any public exterior area shall be used in connection with an adult business, and the business shall be so conducted that sounds associated with the business are not emitted into any public area. All adult businesses shall be subject to providing sufficient sound-absorbing insulation if required by the approving authority.
V. No person shall display in any public newsrack, vending machine, or other display device any material which is defined by California Penal Code Section 313 as harmful to minors, including but not limited to material displaying to the public view photographs or pictorial representations of the commission of any of the following acts: sodomy, oral copulation, sexual intercourse, masturbation, bestiality or an exposed penis in an erect and turgid state, unless such material is:
1. Displayed in an area from which minors are excluded; or
2. Distributed from a machine only accessible through tokens that may be obtained after reasonable measures to ascertain that the person is eighteen (18) years or older.
W. No person shall operate more than one (1) adult business under a single roof.
X. I.D. will be checked for appropriate age (eighteen (18) years or older) before any customer is allowed in the adult business. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.61.100 Couch Dancing/Straddle Dancing and Other Sexual and Related Activities Are Prohibited.
For purposes of this chapter, “couch dancing” or “straddle dancing” shall be defined as an employee or independent contractor of the adult business intentionally touching any patron or coming within six (6) feet of any patron while engaged in the display or exposure of any specified anatomical area, or while simulating any specified sexual activity.
A. No person shall operate or cause to be operated an adult business, regardless of whether or not a permit has been issued under this code, knowingly, or with reason to know, permitting, suffering, or allowing any employee or independent contractor:
1. To engage in a couch dance or straddle dance with a patron at the business;
2. To contract or otherwise agree with a patron to engage in a couch dance or straddle dance with a person at the business;
3. To intentionally touch any patron at an adult business while engaged in the display or exposure of any specified anatomical area or engaged in or simulating a specified sexual activity;
4. To voluntarily be within six (6) feet of any patron while engaged in the display or exposure of any specified anatomical area or engaged in or simulating a specified sexual activity;
5. To violate any provision of this chapter.
B. No employee or independent contractor of an adult business, regardless of whether or not a permit has been issued for said business under this chapter of the code, shall:
1. Engage in a couch dance or straddle dance with a patron at the business.
2. Contract or otherwise agree to engage in a couch dance or straddle dance with a patron at the business.
3. Engage in the display or exposure of any specified anatomical area or engage in or simulate a specified sexual activity while intentionally touching a patron at the adult business.
4. Engage in the display or exposure of any specified anatomical area or engage in or simulate a specified sexual activity closer than six (6) feet from any patron.
5. 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.
6. Violate any provision of this chapter.
C. No person at any adult business, regardless of whether or not said business is permitted under this code, shall intentionally touch an employee or independent contractor who is displaying or exposing any specified anatomical area or engaging in or simulating a specified sexual activity at the adult business.
D. No person at any adult business, regardless of whether or not said business is permitted under this code, shall engage in a couch dance or straddle dance with an employee or independent contractor at the business who is displaying or exposing any specified anatomical area or engaging in or simulating a specified sexual activity.
E. No waiter(s) or waitress(es) at an adult business, regardless of whether or not a permit has been issued for said business under this section, shall appear on the premises in the nude, semi-nude or display or expose specified anatomical areas. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.61.110 Inspection.
An applicant or permittee shall permit representatives of the City, the Los Angeles County Health Department and the Fire Department to inspect the premises of an adult business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.61.120 Suspension of Permit.
A. The Director shall suspend a permit for a period not to exceed thirty (30) days if they determine that a permittee, or an employee of a permittee, 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 permittee of the violation and shall allow the permittee a seven (7) day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven (7) day period, the City shall forthwith suspend the permit and shall notify the permittee of the suspension; or
5. Operated the adult business in violation of the hours of operation as permitted by this chapter; or
6. Allowed minors (under eighteen (18) years old) 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. 13-8 § 4 (Exh. A), 6/11/13)
17.61.130 Revocation of Permit.
A. The Director shall revoke a permit if a cause of suspension in this code occurs two (2) or more times within a twelve (12) month period.
B. The Director shall revoke a permit upon determining that:
1. A permittee gave false or misleading information in the material submitted during the application process that tended to enhance the applicant’s opportunity for obtaining a permit; or
2. A permittee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises; or
3. A permittee or an employee has knowingly allowed prostitution on the premises; or
4. A permittee or an employee knowingly operated the adult business during a period of time when the permittee’s permit was suspended; or
5. A permittee has been convicted of a specified criminal act for which the time period required in this chapter has not elapsed; or
6. On two (2) or more occasions within a twelve (12) month period, a person or persons committed an offense, occurring in or on the permitted 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
7. A permittee is convicted of tax violations related to an adult business; or
8. A permittee 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 permitted premises; or
9. Operating more than one (1) adult business under a single roof; or
10. A permittee does not comply with any applicable requirements of this code; or
11. Knowingly permitted gambling by any person on the adult business premises.
C. When the Director revokes a permit, the revocation shall continue for one (1) year and the permittee shall not be issued an adult business use permit for one (1) year from the date revocation became effective. If, subsequent to revocation, the Director finds that the basis for revocation under this code has been corrected, the applicant shall be granted a permit if at least ninety (90) days have elapsed since the date revocation became effective. If the permit was revoked under this code, an applicant may not be granted another permit until the number of years required under this code has elapsed. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.61.140 Annual Compliance Letter.
The permittee shall submit an annual compliance letter (stating that adult business is in compliance with all applicable codes) to the Planning Division no less than thirty (30) days prior to the original approval date.
A. If the permittee does not submit an annual compliance letter before the required thirty (30) days, the adult business shall cease occupancy until the compliance letter is submitted to the Planning Division.
B. The Director shall respond to the annual compliance letter within ten (10) days of receiving the letter. (Ord. 13-8 § 4 (Exh. A), 6/11/13)