CHAPTER 3. ADULT-ORIENTED BUSINESSES

6-03-1000 APPLICATION OF GENERAL PROVISIONS:

Unless the provisions of this Chapter provide otherwise or conflict, all of the provisions of Chapter 1 of this Part are applicable to the licenses referred to in this Chapter.

(Added by Ord. No. 3490, effective 2-25-16)

6-03-1005 INTENT:

It is the intent of this Chapter to reasonably regulate adult-oriented businesses occurring within the County. 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 adult-oriented materials or 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 other county ordinance or any California statute, including those relating to public nuisances, unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3394, effective 10-15-09; amended by Ord. No. 3490, effective 2-25-16. Formerly 6-03-1000)

6-03-1010 DEFINITIONS:

For purposes of this Chapter, words and terms shall have the following meanings:

(a)    "Adult-oriented bookstore" means any establishment which as a regular and substantial course of conduct displays or distributes adult-oriented material.

(b)    "Adult-oriented business" means any establishment which as a regular and substantial course of conduct operates as an adult-oriented bookstore, adult-oriented movie theater, adult-oriented cabaret, adult-oriented motel/hotel, adult-oriented novelty shop, or any other establishment which as a regular and substantial course of conduct offers to its patrons adult-oriented merchandise, adult-oriented material, or services or entertainment which are distinguished or characterized by an emphasis on matter depicting, describing, displaying, or presenting specified sexual activities or specified anatomical parts, but not including those uses or activities the regulation of which is preempted by state law.

(c)    "Adult-oriented cabaret" means a nightclub, bar, restaurant, or similar establishment which features any type of live entertainment which is distinguished or characterized by its emphasis on matter depicting, describing, displaying or presenting specified sexual activities or specified anatomical parts.

(d)    "Adult-oriented hotel or motel" means a hotel or motel which:

(1)    As a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closed-circuit television, video recorders or players or any other medium, material which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts; or

(2)    Rents, leases, or lets any room (other than a conference room) for less than a six-hour period.

(e)    "Adult-oriented material" means any adult-oriented book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video tape recording, CD, DVD, or other visual representation which is distinguished or characterized by an emphasis on matter depicting, describing, displaying or presenting specified sexual activities or specified anatomical parts, or adult oriented-merchandise.

(f)    "Adult-oriented merchandise" means adult-oriented implements, devices or paraphernalia, which are designed or marketed primarily for use in specified sexual activities.

(g)    "Adult-oriented movie theater" means a business where films, computer-generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and as a regular and substantial course of such conduct is distinguished or characterized by an emphasis upon depicting, describing, displaying or presenting specified sexual activities or specified anatomical parts.

(h)    "Adult-oriented novelty shop" means a retail shop which features as a regular and substantial course of conduct the sale of adult-oriented merchandise.

(i)    "Adult-oriented theater" means a theater, concert hall, auditorium or similar establishment which regularly features live performances which are distinguished or characterized by an emphasis on depicting, describing, displaying or presenting specified sexual activities or specified anatomical parts.

(j)    "Individual viewing area" means a viewing area designed for occupancy by one person.

(k)    "License collector" means the license collector as provided in Chapter 1 of this Part.

(l)    "Owner" or "licensee" means:

(1)    The sole proprietor of an adult-oriented business; or

(2)    Any general partner of a partnership which owns and operates an adult-oriented business; or

(3)    The owner of a controlling interest in a corporation, limited liability company or limited liability partnership which owns or operates an adult-oriented business; or

(4)    The person designated by the officers of any such business organization to be the licensee for an adult-oriented business owned and operated by the corporation.

(m)    "Premises" means the building(s) and space occupied by an adult-oriented business, or the space in a building occupied by an adult-oriented business.

(n)    "Regular and substantial conduct" means:

(1)    Devoting more than 15 percent of total display area to the display of adult-oriented merchandise or adult-oriented material, or more than 15 percent of time or business to the specified conduct; or

(2)    Presenting any type of live entertainment characterized by an emphasis on specified sexual activity or specified anatomical parts.

(o)    "Specified anatomical parts" means:

(1)    Less than completely and opaquely covered human genitals, pubic hair, perineum, anal region, pubic hair region, or female breast below a point immediately below the top of the areola; or

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

(p)    "Specified sexual activities" means:

(1)    Actual or simulated: sexual intercourse, oral copulation, anal intercourse, masturbation, direct physical stimulation of genitals; or

(2)    Fondling or erotic or sexually-oriented touching of human genitals, pubic region, buttocks, natal cleft, anal region or female breast.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-03-1020 LICENSE PREREQUISITES: APPLICATION PROCESS:

(a)    It shall be unlawful for any person or entity to operate, engage in, conduct or carry on any adult-oriented business within the County unless the owner of said business first obtains, and continues to maintain in full force and effect, an adult-oriented business license. A valid license must be in the possession of the applicant in advance of the operation of an adult-oriented business.

(b)    The owner of the proposed adult-oriented business shall be the only person eligible to obtain an adult-oriented business license, and must be at least twenty-one (21) years of age.

(c)    The following information and items shall be submitted to the license collector by the owner at the time of applying for an adult-oriented business license:

(1)    A completed adult-oriented business license application signed by the owner of the proposed adult-oriented business, and either the record owner of the premises or, if the business premises are subleased to the applicant business, the sub-lessor of the premises in a form provided by the license collector;

(2)    A designation of the type of adult-oriented business proposed to be operated, and a site plan designating the building and/or unit proposed for the adult-oriented business and a dimensional interior floor plan depicting how the business will comply with all applicable requirements of this Chapter;

(3)    Proof of age of the owner of the proposed adult-oriented business;

(4)    Any additional information the license collector reasonably deems necessary, including but not limited to any of the information required by Section 6-01-2000 of Article 2 of Chapter 1 of this Part VI.

(5)    A statement signed by the owner under penalty of perjury attesting to the truth and accuracy of the application and the information submitted with the application.

(d)    Upon receipt of a complete application, including the payment of any license fee which may be established for an adult-oriented business from time to time by resolution of the Board of Supervisors, the license collector shall refer copies of the application to those officers and departments deemed appropriate. Every officer and department to which an application is referred shall advise the license collector in writing of all material facts regarding the application, pursuant to this Chapter.

(e)    Notwithstanding the above, no application for an adult-oriented business license shall be accepted or processed for any owner or business that has applied for and been denied an adult-oriented business license within the prior year or had an adult-oriented business license revoked pursuant to this Chapter within the preceding three-year period.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3394, effective 10-15-09; amended by Ord. No. 3490, effective 2-25-16)

6-03-1030 LICENSE APPROVAL: STANDARDS:

(a)    The license collector shall conduct an investigation upon receipt of the completed application in accordance with the provisions of Sections 6-01-2010, 6-01-2020 and 6-01-2030 of Article 2 of Chapter 1 of this Part.

(b)    The license collector shall, within 30 days of filing of a complete license application, approve and issue the adult-oriented business license 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, certified, postage prepaid, deposited in the United States Postal Service within three business days of the date of such decision. The times set forth in this subdivision shall not be extended except upon the written consent of the applicant.

(c)    The license collector shall approve and issue an adult-oriented business license, but only for the location and adult-oriented business specified in the application, if the application and evidence submitted show that:

(1)    The adult-oriented business will be located in a zone permitting adult-oriented businesses as a use, or will have a legal nonconforming status under county zoning regulations;

(2)    The adult-oriented business will not be located, in whole or in part, within any portable structure;

(3)    The adult-oriented business will not conduct or sponsor any special events, promotions, festivals, concerts or similar activities which would increase the demand for parking spaces beyond the approved number of spaces for the business;

(4)    The applicant, or the applicant’s representatives, have not knowingly made any false, misleading or fraudulent statement of material fact in the application or in any report or record required to be filed with the license collector;

(5)    The applicant is at least twenty-one (21) years of age; and

(6)    The applicant verifies that the proposed adult-oriented business can and will be operated in accordance with the requirements of this Chapter.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3394, effective 10-15-09; amended by Ord. No. 3490, effective 2-25-16)

6-03-1040 LICENSE REQUIREMENTS: GENERAL:

Any adult-oriented business shall conform to the following requirements:

(a)    The adult-oriented business shall not be operated in a manner that permits the observation of any specified anatomical parts or specified sexual activities from any public way or from any location outside the premises.

(b)    Landscaping shall conform to the standards established for the zone, except that, if the adult-oriented business is the sole use on a lot, no planting shall exceed 30 inches in height, except trees with foliage not less than six feet above the ground.

(c)    The entire exterior grounds, including the parking lot, shall be lighted from dusk until closing with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on the parking surface and walkways.

(d)    The premises within which the adult-oriented 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.

(e)    No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering.

(f)    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.

(g)    Signage shall conform to the standards established for the zone except that such signage shall be limited to the business name, the street address and any notice required by this section.

(h)    All indoor areas of the adult-oriented business within which patrons are permitted, except rest rooms, shall be open to view by the management at all times.

(i)    The interior of the premises shall be configured in a manner so that there is an unobstructed direct line of view from the manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding rest rooms.

(j)    Except as specifically provided in this Chapter, the adult-oriented business shall comply with parking, development and design standards established for the zone in which the business is located.

(k)    No adult-oriented material or adult-oriented merchandise shall be displayed in such a manner as to be visible from any location other than within the premises occupied by the adult-oriented business.

(l)    No person under the age of 21 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-oriented business.

(m)    The adult-oriented business shall not be open between midnight and 10:00 a.m., except for those businesses regulated by the California Department of Alcoholic Beverage Control.

(n)    The adult-oriented 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 adult-oriented materials and adult-oriented merchandise. Rest rooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment.

(o)    The premises shall be equipped with overhead lighting fixtures, and all common areas of the premises shall be illuminated during hours of operation at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:

(1)    Adult-oriented cabarets and adult oriented-theaters: 5 foot-candles, except during performances at which times lighting shall be at least 1.25 foot-candles.

(2)    All other adult-oriented businesses: 20 foot-candles.

(p)    Any individual viewing areas of the adult-oriented business shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two or more individual viewing areas, and only one person shall occupy any individual viewing area at any one time.

(q)    The adult-oriented business license, and copies of valid permits for any performers, shall be prominently displayed on the premises at all times at a single location. The owner or operator of the adult-oriented business shall allow no person to perform as described in Section 6-03-1090 of this Chapter unless such person has the required performer permit and a copy of the permit is displayed as required herein. Copies of the business license and performer permits shall be provided upon request to any Sheriff or other law enforcement officer.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3394, effective 10-15-09; amended by Ord. No. 3490, effective 2-25-16)

6-03-1041 LICENSE REQUIREMENTS: LIVE ENTERTAINMENT:

The following additional requirements shall apply to adult-oriented cabarets, adult-oriented theaters, and any adult-oriented business providing live entertainment depicting specified anatomical areas or involving specified sexual activities, unless regulated by the Department of Alcoholic Beverage Control:

(a)    Any live performer in an adult-oriented cabaret or adult-oriented theater shall be required to fully cover specified anatomical areas with fully opaque material.

(b)    At least two (2) security guards shall be on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is open so that all areas of the grounds and parking areas are under surveillance by one or the other of the security guards. At least one security guard will be on duty inside of the premises. If the occupancy limit of the premises is greater than thirty-five (35) persons, an additional security guard will be on duty inside of the premises for each additionally allowed incremental occupancy capacity of thirty-five (35) persons or part thereof. The security guards shall be charged with preventing violations of the law, with enforcing compliance by patrons with the requirements of this Chapter and with notifying the Sheriff of any violations of law observed. Security guards required by this Subsection shall be uniformed in such a manner to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state or local law and shall produce such license for inspection upon request by any Sheriff or other law enforcement officer. No security guard required pursuant to this Subsection shall act as a doorperson, ticket seller, ticket taker, or admittance person while acting or on duty as a security guard.

(c)    No person shall perform live entertainment for patrons of an adult-oriented business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least ten (10) feet from the nearest area occupied by patrons, and no patron shall be permitted within ten (10) feet of the stage while the stage is occupied by an entertainer.

(d)    The adult-oriented business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers’ use.

(e)    The adult-oriented business shall provide an entrance or exit to the premises for entertainers which is separate from the entrance or exit used by patrons.

(f)    The adult-oriented business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult-oriented business shall provide a minimum three-foot-wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of, and which actually results in, preventing any physical contact between patrons and entertainers.

(g)    No entertainer shall have physical contact with any patron and no patron shall have physical contact with any entertainer while on the premises.

(h)    No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit any pay or gratuity from any patron.

(i)    Fixed rails at least 30 inches in height shall be maintained, establishing the separations between entertainers and patrons.

(Added by Ord. No. 3394, effective 10-15-09; amended by Ord. No. 3490, effective 2-25-16)

6-03-1042 HARDSHIP WAIVER OF LICENSE REQUIREMENT:

(a)    If one or more of the license requirements set forth in Sections 6-03-1040 and 6-03-1041 is physically impossible at the applicant’s premises, the applicant may apply in writing for a hardship waiver of the license requirement(s) to the license collector.

(b)    The license collector shall conduct an administrative review within 10 days of receipt of the application for hardship waiver of the license requirement(s) and the hardship waiver will be granted if the license collector finds there is extreme hardship to the applicant due to certain physically unattainable license requirement(s) and waiver of those license requirement(s) will not have a negative effect on the health, safety or welfare of the County or the people of the County. The license collector may require that the applicant and the license collector agree in writing signed by both parties to a new condition to alleviate any negative effects on the health, safety, or welfare of the County or the people of the County due to waiver of any license requirement(s).

(c)    The Board of Supervisors may establish a fee for applying for a hardship waiver. The fee shall be as set from time to time by resolution of the Board of Supervisors. The license collector shall require payment of any fee prior to administrative review of an applicant’s request for hardship waiver.

(d)    If the license collector denies an application for a hardship waiver of license requirement(s) pursuant to this section, the applicant may request an appeal to the County Hearing Officer within ten (10) days of the license collector’s decision pursuant to Chapter 31 of Part I of this Code.

(Added by Ord. No. 3394, effective 10-15-09; amended by Ord. No. 3490, effective 2-25-16; amended by Ord. No. 3559, effective 6-20-19)

6-03-1050 LICENSE REQUIREMENTS: EFFECT OF NONCOMPLIANCE:

In addition to any other penalties and remedies by provided by law, including the provisions of this Chapter, the requirements described in this Chapter shall be deemed conditions of license approval, and failure to comply with any such requirements during the term of the license shall be grounds for revocation of any adult-oriented business license issued pursuant to this Chapter.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3394, effective 10-15-09)

6-03-1060 LICENSE DURATION:

An adult-oriented business license shall be valid for a period of one year from the date of license approval.

(Added by Ord. No. 3390, effective 8-20-09)

6-03-1070 LICENSE RENEWAL:

An adult-oriented business license shall be renewed on a year-to-year basis; provided, that the licensee continues to meet all applicable requirements. A request for license renewal must be accompanied by an adult-oriented business license application, completed in full detail with current information. The application and appropriate fee must be received by the license collector at least sixty (60) calendar days prior to the expiration of the existing license. A request for license renewal shall be processed in the same manner as the original application.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3396, effective 12-10-09)

6-03-1080 LICENSE: NONTRANSFERABLE:

No adult-oriented 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-oriented business license held by an individual in a corporation, partnership, limited liability company or limited liability partnership is subject to the same rules of transferability described above, and a transfer of a controlling interest in such entities shall be considered a transfer of the adult-oriented license. Any change in the nature or composition of the adult-oriented business use shall also render the license null and void. An adult-oriented business license shall be valid only for the exact location specified in the license.

(Added by Ord. No. 3390, effective 8-20-09)

6-03-1090 ADULT-ORIENTED BUSINESS PERFORMER PERMIT:

(a)    No person shall engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult-oriented business without a valid adult-oriented business performer permit issued by the license collector.

(b)    The license collector shall grant, deny or renew adult-oriented business performer permits for any validly licensed adult-oriented businesses located in the County.

(c)    The application for a permit shall be made on a form provided by the license collector.

(d)    The completed application shall contain the following information and be accompanied by the following documents:

(1)    The applicant’s legal name and any other names ("stage names" and aliases) used by the applicant in the last 10 years;

(2)    Age, date and place of birth;

(3)    Height, weight, hair and eye color;

(4)    Present residence address and telephone number;

(5)    Whether the applicant has ever been convicted of:

(A)    Any of the offenses set forth in Penal Code sections 243.4, 261, 261.5, 264.1, 266a through 266k inclusive, 267, 286, 286.5, 288, 288a, 288.2, 311 through 311.11 inclusive, 314, 315, 316, 317, 318, and subdivisions (a), (b) and (c) of section 647 of the California Penal Code, as those sections now exist or may hereafter be amended or renumbered.

(B)    The equivalent of the above sections in another state or country;

(6)    Whether the applicant is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution; and, if so, the place of such registration, licensing or legal authorization, and the inclusive dates during which the applicant was so registered, licensed or authorized;

(7)    Driver’s license number or identification number;

(8)    Proof that the applicant is twenty-one (21) years of age or older;

(9)    The applicant’s fingerprints on a form provided by the Sheriff’s Department, and a color photograph clearly showing the applicant’s face. Any costs for the fingerprints and photograph shall be borne by the applicant.

(e)    The completed application shall be accompanied by a non-refundable application fee, the amount of which has been set by resolution of the Board of Supervisors.

(f)    Upon receipt of a completed application and the required fees, the license collector shall immediately stamp the application as received and shall promptly investigate the application.

(g)    Within thirty (30) days after receipt of the application, the license collector shall grant or deny the application. If the application is denied, the license collector shall provide a written statement of the reasons for the denial and shall notify the applicant by mail to the address indicated in the application. If the application is granted, the license collector shall mail the adult-oriented business performer permit to the address indicated in the application. If the application is neither granted nor denied within thirty (30) days after it is received, the applicant may begin performing in the capacity for which the license was sought on the thirtieth (30th) day after the date the application was received as if the application had been granted, and until revoked in accordance with this Chapter.

(h)    The license collector shall deny the permit for any of the following reasons:

(1)    The applicant knowingly made any false, misleading or fraudulent statement of a material fact in the application, or in any report or document required to be filed with the application;

(2)    The applicant is under twenty-one (21) years of age;

(3)    The permit is used in a business prohibited by state or county law;

(4)    The applicant has been registered or has been otherwise authorized to be a prostitute in any jurisdiction;

(5)    The applicant has been convicted of any of the offenses enumerated in this section, or convicted of an offense in another state or country that would have constituted any of the described offenses if committed within this state. A permit may be issued to any applicant convicted of the described crimes if the conviction occurred more than five (5) years prior to the date of the application.

(i)    Each permit shall be non-transferable, shall expire one year from the date of issuance, and may be renewed only by filing an application for renewal with the license collector at least sixty (60) days prior to the expiration date. The application for renewal shall be processed in the same manner as provided in this Chapter for applications for permits.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3394, effective 10-15-09; amended by Ord. No. 3396, effective 12-10-09; amended by Ord. No. 3490, effective 2-25-16)

6-03-1100 DENIAL OF APPLICATION: PROCEDURES:

If the license collector denies an application for an adult-oriented business license or an adult-oriented business performer permit, the applicant may request reconsideration and may appeal as provided in Chapter 1 of this Part.

(Added by Ord. No. 3390, effective 8-20-09)

6-03-1110 LICENSE OR PERMIT REVOCATION:

(a)    An adult-oriented business licensee shall allow any appropriate officer of the County to conduct unscheduled inspections of the premises of the adult-oriented business for the purpose of ensuring compliance with the law at any time the adult-oriented business is open for business or is occupied.

(b)    The license collector may revoke an adult-oriented business license on the grounds stated in Chapter 1, or when:

(1)    Any of the applicable requirements for a license set forth in this Part for a license ceases to be satisfied; or

(2)    The application for license is discovered to contain materially incorrect, false or misleading information; or

(3)    The licensee, owner(s), or managing employee of the licensee participates or has participated in conduct such as prostitution, or solicitation for prostitution, or conduct that would be a violation of any crime requiring registration under Penal Code section 290, or any violation of Penal Code sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k inclusive, 267, 286, 286.5, 288, 288a, 288.2, 311 through 311.11 inclusive, 314, 315, 316, or 647, or knowingly allows or permits and fails to make a reasonable effort to prevent the occurrence of such conduct on the premises of an adult-oriented business; or

(4)    The licensee or managing employee has knowingly allowed an adult-oriented business performer to perform on the premises of the adult-oriented business without possessing a valid adult-oriented business performer permit; or

(5)    The adult-oriented business has been operated in violation of any of the requirements of this Chapter and:

(A)    If the violation is of a continuous nature, the business continues to be operated in violation of such provision for more than 10 days following the date written notice of such violation is mailed or delivered to the owner; or

(B)    If the violation is of a non-continuous nature, two or more violations of the same provision, or three or more violations of any of the provisions, of this Chapter occur (regardless of whether notice of each individual violation is given to the owner) within any 12-month period.

(c)    The license collector may revoke an adult-oriented business performer permit when:

(1)    Any of the applicable requirements set forth in this Chapter for a permit ceases to be satisfied; or

(2)    The application for a permit is discovered to contain materially incorrect, false or misleading information; or

(3)    The permittee engages in any act of sexual intercourse, sodomy, oral copulation, or masturbation on the premises of an adult-oriented business; or is convicted of, or pleads guilty to, prostitution or any crime requiring registration under Penal Code section 290, or any violation of Penal Code sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k inclusive, 267, 286, 286.5, 288, 288a, 288.2, 311 through 311.11 inclusive, 314, 315, 316, or 647.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-03-1120 LICENSE OR PERMIT REVOCATION: PROCEDURE:

(a)    An adult-oriented business license or an adult-oriented business performer permit may be suspended or revoked by the license collector if the license collector determines that the licensee or permittee has violated any of the requirements for the license or permit as provided in this Part. The procedures for the suspension or revocation shall be governed by Chapter 1 of this Part. If the license collector is seeking to suspend or revoke an adult-oriented business performer permit, the provisions in Chapter 1 regarding a "licensee" shall be deemed to mean "permittee."

(Added by Ord. No. 3390, effective 8-20-09)

6-03-1130 EXISTING ADULT-ORIENTED BUSINESSES:

(a)    Any adult-oriented business lawfully operating on the effective date of this chapter shall become a nonconforming use by reason of the adoption of this chapter and shall cease operation, or otherwise be brought into full compliance with the provisions of this chapter, not later than ninety (90) days following the service of the notice provided in subdivision (b) of this section unless it has applied for a one-time extension as provided herein.

(b)    Any adult-oriented business which becomes a nonconforming use by reason of the adoption of this chapter shall be notified in writing of its nonconforming status by the license collector by certified mail or personal service. Such notice shall be given to the property owner of record upon which such business is located, the owner of the business, and the holder of the business license for such business (to the extent such parties are different and are identifiable and accessible). Such notice shall also identify the amortization period as provided in subdivision (b) of this section. Failure of any person to actually receive such notice shall not affect the validity of any proceedings pursuant to this section.

(c)    No adult-oriented business which was rendered nonconforming by the adoption of this chapter shall continue to be operated without complying with all of the provisions of this chapter otherwise applicable to such adult-oriented business following expiration of the amortization period set forth in subdivision (a) of this section, unless licensed to do so under this Chapter. Notwithstanding the foregoing, prior to the expiration of the amortization period an adult-oriented business may apply in writing to the Clerk of the Board of Supervisors for one extension of the amortization period. The Board of Supervisors shall consider the request no later than 14 days after receipt of the application, and may agree to a reasonable extension of the amortization period if it finds that such extension is necessary to avoid a substantial financial hardship to the applicant.

(Added by Ord. No. 3390, effective 8-20-09)

6-03-1140 PUBLIC NUISANCE:

Any adult-oriented business operated without a license as required by this Chapter, or determined to be in violation of the conditions of such license after administrative review, or after appeal as provided in this Chapter, is hereby declared to be a public nuisance and is subject to abatement as provided in Article 11 of Chapter 1 of Part IV of this Code.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16; amended by Ord. No. 3559, effective 6-20-19)

6-03-1150 VIOLATION:

In addition to any other penalties and remedies provided by law, including the provisions of this Chapter, owning or operating an adult-oriented business without a valid license, operating an adult-oriented business in violation of any of the license approval standards set out in Section 6-03-1030 or the license requirements set out in Section 6-03-1040 and Section 6-03-1041, performing in an adult-oriented business without a valid adult-oriented business performers permit, or, as a performer, engaging in any act of sexual intercourse, sodomy, oral copulation, or masturbation on the premises of an adult-oriented business shall be a misdemeanor punishable as provided in section 125 of this Ordinance Code.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3394, effective 10-15-09; amended by Ord. No. 3490, effective 2-25-16)