Alhambra Municipal Code Ch. 5.50 Adult Businesses

Section

Cross-reference:

For regulation of adult business performers, see Ch. 5.51

For zoning of adult businesses, see Ch. 23.40

(A) The intent of this chapter is to regulate adult businesses that, unless closely regulated, may have serious secondary effects on the community. These secondary effects include, but are not limited to: depreciation of property values, increases in vacancy rates in residential and commercial areas, increases in incidences of criminal activity and police service calls, increases in noise, litter and vandalism, and the interference with property owners' enjoyment of their property in the vicinity of such businesses.

(B) It is neither the intent nor effect of this chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials, or to deny access by the distributors or exhibitors of sexually oriented entertainment to their intended market.

(C) Nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinance or any law of the State of California regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter, or the exhibition or public display thereof.

(Ord. 4496, passed 5-29-07)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADULT ARCADE. Any business establishment or concern containing coin- or slug-operated or manually or electronically controlled still, motion picture or video machines, projectors, or other image-producing devices that are maintained to display images to an individual, when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. Such devices are referred to as ADULT ARCADE DEVICES.

ADULT BOOTH or INDIVIDUAL VIEWING AREA. A partitioned or partially enclosed portion of an adult business used for any of the following purposes:

(1) Where a live or taped performance is presented or viewed, where the performances or images displayed or presented are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas;

(2) Where adult arcade devices are located.

ADULT BUSINESS. Any business establishment or concern that, as a regular and substantial course of conduct, performs or operates as an adult arcade, adult cabaret, adult model studio, adult store or adult theater, or any combination thereof. It also means any business establishment or concern that, as a regular and substantial course of conduct, sells or distributes sexually oriented merchandise or sexually oriented material; or any other business establishment or concern that, as a regular and substantial course of conduct, offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas. ADULT BUSINESS does not include those uses or activities, the regulation of which is preempted by state law.

ADULT CABARET. A business establishment that features adult live entertainment.

ADULT LIVE ENTERTAINMENT. Any physical human body activity, whether performed or engaged in, alone or with other persons, including but not limited to, singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which: (1) the performer exposes to public view, with opaque covering (e.g., pasties and g-string), specified anatomical areas; or (2) the performance or physical human body activity depicts, describes or relates to specified sexual activities, even if the specified anatomical areas are covered.

ADULT MODEL STUDIO. A business establishment that provides, for any form of consideration, the services of a live human model, who, for the purposes of sexual stimulation of patrons, displays specified anatomical areas to be observed, sketched, photographed, filmed, painted, sculpted or otherwise depicted by persons paying for such services. ADULT MODEL STUDIO does not include any live art class or any studio or classroom that is operated by any public agency, or any private educational institution that is maintained pursuant to standards set by the Board of Education of the State of California.

ADULT STORE. Any establishment that, as a regular and substantial course of conduct, displays or distributes sexually oriented merchandise or sexually oriented material.

ADULT THEATER. A business establishment or concern that, as a regular and substantial course of conduct, presents adult live entertainment, or motion pictures, videos, digital video disks, slide photographs, or other pictures or electronically generated visual reproductions, distinguished or characterized by the emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

APPLICANT. All owners of a proposed adult business applying for an adult business permit under this chapter.

CODE ENFORCEMENT OFFICER. A person authorized to enforce certain provisions of this chapter.

DIRECTOR. The Director of the city’s Community Development Department or the Director’s designee.

ESTABLISHMENT OF AN ADULT BUSINESS. Any of the following:

(1) The opening or commencement of any adult business as a new business;

(2) The conversion of an existing business, whether or not an adult business, to any adult business;

(3) The addition of any of the adult businesses defined herein to any other existing adult business; or

(4) The relocation of any such adult business.

HEARING OFFICER. The person designated to hear appeals under § 5.50.120 or § 5.51.060.

LAP DANCE. Includes chair dancing, couch dancing, straddle dancing, table dancing, and means an employee or independent contractor of an adult business intentionally touching any patron while engaged in adult live entertainment.

ON-SITE MANAGER. Any person designated by the owner as responsible for the day-to-day, on-site operation of the adult business.

OPERATE AN ADULT BUSINESS. The supervising, managing, overseeing, directing, organizing, controlling, or in any way being responsible for or in charge of the premises of an adult business, or the conduct or activities occurring on such premises.

OPERATOR. A person who supervises, manages, oversees, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult business, or the conduct or activities occurring on such premises.

OWNER. All persons having a direct or indirect investment in an adult business; provided, however, where such investment is held by a corporation, for the purposes of this chapter, each officer and director of a corporation and each stockholder holding more than 5% of the stock of such corporation is deemed to be an OWNER.

PERFORMER. A person who is an employee or independent contractor of an adult business, or any other person who, with or without any compensation or other form of consideration, provides adult live entertainment for patrons of an adult business.

PERSON. Any individual, firm, association, partnership, limited liability company, corporation or other form of legal entity.

POLICE CHIEF. The Chief of the Alhambra Police Department or the Police Chief's designee.

SEXUALLY ORIENTED MATERIAL. Any element of sexually oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, or other written, oral or visual representation that, for purposes of sexual arousal, provides depictions characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas.

SEXUALLY ORIENTED MERCHANDISE. Sexually oriented implements and paraphernalia, including but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity, or characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas.

SPECIFIED ANATOMICAL AREAS.

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

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

SPECIFIED SEXUAL ACTIVITIES.

(1) Fondling or touching of nude human genitals, pubic region, buttocks or female breast;

(2) Human sex acts, actual or simulated, including intercourse, oral copulation or sodomy;

(3) Acts of human masturbation, sexual stimulation or arousal, actual or simulated;

(4) Human genitals in a state of sexual stimulation or arousal;

(5) Use of human or animal ejaculation;

(6) Masochism, erotic or sexually oriented torture, beating, or the infliction of pain, bondage or restraints; or

(7) Excretory functions as part of, or in connection with, any of the activities listed in division (1) through (6) of this definition.

(Ord. 4496, passed 5-29-07; Am. Ord. 4735, passed 5-14-18)

(A) No person may establish or operate an adult business within the city without first obtaining, and continuing to maintain in full force and effect, an adult business permit and a business license from the city.

(B) Every adult business permit is subject to the development and operational standards of this chapter, and the regulations of the zoning district in which the business is located.

(Ord. 4496, passed 5-29-07)

(A) Application. Any person desiring to obtain an adult business permit must submit an application to the Director on the form provided by the city. The application must list all owners of the proposed adult business, who are collectively referred to as “the applicant”. The application must also list each designated operator and on-site manager if such persons are not owners. The application must contain the following information regarding the owners, operators and on-site managers, as applicable, and the following items:

(1) Name and address.

(2) The previous residential addresses of all individuals, if any, for a period of five years immediately prior to the date of filing the application, and the dates of residence at each.

(3) Written proof that all individuals are at least 18 years of age.

(4) The history of the applicant as to the operation of any adult business or similar business or occupation within five years of the filing of the application. Such information must include a statement as to whether or not each such person, in operating an adult business under a permit or license, has had such permit or license revoked or suspended and the reasons therefor.

(5) All criminal convictions or offenses described in § 5.50.060(b)(11); and whether any individual is required to register under the provisions of Cal. Penal Code § 290 or of the Cal. Health & Safety Code § 11590.

(6) Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the individuals.

(7) The height, weight, and color of eyes and hair of each individual.

(8) Fingerprints and two prints of a recent passport-size photograph of each individual.

(9) Business, occupation or employment history of each individual for the five years immediately preceding the date of the application.

(10) A non-refundable deposit or fee as set forth by city resolution.

(11) A narrative description of the proposed business, explaining how such business complies or will comply with the applicable development and operational standards specified in § 5.50.060.

(12) A site plan designating the building or unit proposed for the adult business, and a dimensional interior floor plan depicting how the business complies or will comply with the applicable development and operational standards specified in § 5.50.060. The site plan and interior floor plan need not be professionally prepared, but must be drawn to a designated scale or to an accuracy of plus or minus six inches.

(13) A lighting plan for all outdoor areas including parking areas.

(14) If the applicant is a partnership, limited liability company or corporation, documentary proof that such entity was duly formed, and is authorized to do business and is in good standing in the State of California.

(15) The fictitious name, if any, of the adult business, together with documentary proof of registration of the fictitious name.

(16) If the applicant does not own the lot or parcel on which the adult business will operate, the property owner or lessor of the premises, or their legally authorized representative, as applicable, must consent to the filing of the application by signing and dating the application.

(17) A statement, in writing and dated by the applicant, certifying under penalty of perjury that the information contained in the application is true and correct.

(a) If the applicant is one or more natural persons, one such person must sign the application under penalty of perjury.

(b) If the applicant is a partnership, limited liability company or corporation, a general partner, officer, director or member of the entity must sign the application under penalty of perjury.

(18) Such additional information as the director may reasonably deem necessary.

(B) Determination of completeness.

(1) The Director will determine whether the application contains all the information and items required by the provisions of this chapter.

(2) If it is determined that the application is not complete, the applicant will be notified in writing within five business days of the date of receipt of the application that the application is not complete and the reasons for such determination, including any additional information necessary to render the application complete.

(a) The applicant will have 30 calendar days to submit additional information to render the application complete.

(b) Failure to do so within the 30-day period will render the application void.

(3) Within five business days following the receipt of an amended application or supplemental information, the Director will again determine whether the application is complete in accordance with the procedures set forth in this division.

(a) Evaluation and notification will occur as provided above until such time as the application is found to be complete or the application is withdrawn.

(b) The applicant will be notified within five days of the date of the application is found to be complete (hereafter “application date”).

(4) All notices required by this chapter will be deemed given upon the date any such notice is either deposited in the United States mail or the date upon which personal service of such notice is provided.

(Ord. 4496, passed 5-29-07)

(A) The Director will promptly cause the investigation of the application and, within 30 days of the application date, either issue the permit or send by certified mail a written statement to the applicant, setting forth the reasons for denial of the permit. If the Director has not issued a decision on the application within 30 days of the application date, the application will be deemed approved, subject to an appeal under § 5.50.120.

(B) The Director may deny a permit for any of the following reasons:

(1) An applicant has made one or more material misstatements in the application;

(2) That the adult business, if permitted, will not comply with all applicable laws, including but not limited to, the building, development, fire, health, housing and zoning codes of the city;

(3) An applicant or any designated operator or on-site manager has pled guilty, nolo contendere or been convicted within three years of the application date of an offense specified in § 5.50.060(b)(11);

(4) An applicant or any operator has had a permit or license for an adult business denied, revoked or suspended for cause by any city, county or state within three years of the application date;

(5) An applicant is under 18 years of age;

(6) The applicant failed to pay the filing fee required by this chapter.

(C) If the permit is denied, the Director must state, in writing, the reasons for the denial and, in the notice to the applicant, must reference the applicant's right to an appeal under § 5.50.120.

(D) The decision of the Director to issue or deny a permit will be final unless an appeal is timely filed under § 5.50.120.

(Ord. 4496, passed 5-29-07)

(A) Development standards.

(1) Zoning compliance. The building in which an adult business is located must comply with all applicable setbacks and parking requirements of the applicable zoning district.

(2) Exterior lighting.

(a) All exterior areas, including parking lots, of the adult business must be illuminated at a minimum of 1.50 footcandle, maintained and evenly distributed at ground level with appropriate devices to screen, deflect or diffuse the lighting in such manner as to prevent glare or reflected light from creating adverse impacts on adjoining and nearby public and private properties.

(b) Inoperable or broken lights must be replaced within 24 hours.

(3) Sound. The premises within which the adult business is located must provide sufficient sound-absorbing insulation so that noise generated inside such premises will not be audible anywhere on any adjacent property or public right-of-way, or within any other building or other separate unit within the same building.

(4) No minors.

(a) The building entrance to an adult business must be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises.

(b) Such notice must be constructed and posted to the satisfaction of the Director.

(c) No person under the age of 18 years may be permitted within the premises at any time.

(5) Open indoor areas.

(a) All indoor areas within which patrons are permitted, except restrooms, must be open to view at all times.

(b) Adult booths and individual viewing areas are prohibited.

(6) Restrooms.

(a) Separate restroom facilities must be provided for male patrons and employees, and female patrons and employees.

(b) Male patrons and employees are prohibited from using any restroom for females, and female patrons and employees are prohibited from using any restroom for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities.

(c) The restrooms must be free from any sexually oriented material.

(d) Restrooms may not contain television monitors or other motion picture or video projection, recording or reproduction equipment.

(e) This division does not apply to an adult business that deals exclusively with the sale or rental of sexually oriented material that is not used or viewed on the premises, such as an adult store or adult video store, and does not provide restroom facilities to its patrons or the general public.

(7) Residential conversions prohibited. No residential structure may be converted for use as an adult business.

(8) Portable structures prohibited. No adult business may be located in any temporary or portable structure.

(B) Operational standards.

(1) Hours. No adult business may operate or be open for business between the hours of midnight to 10:00 a.m.

(2) Employment of minors prohibited. No owner or operator of any adult business may employ or permit to be employed any person who is not at least 18 years of age.

(3) Presence of minors on premises prohibited.

(a) No owner or operator of an adult business may allow or permit any person under the age of 18 years to enter, be or remain in any such business.

(b) Operators must determine the age of persons who enter the premises by posting an employee at the entrance to check the driver's license or other authorized identification of each person entering the premises.

(4) Screening of interior of premises and display of sexually oriented materials or adult live entertainment.

(a) No adult business may be operated in any manner that permits the observation of any material or activities depicting, describing or relating to specified sexual activities or specified anatomical areas, or adult live entertainment, from any public way or from any location outside the building or area of such establishment.

(b) This provision applies to any display, decoration, sign, show window or other opening.

(c) No exterior door or window on the premises may be propped or kept open at any time while the business is open, and any exterior windows must be covered with opaque covering at all times or otherwise screened to prevent a view of the interior in a manner approved by the Director.

(5) Alcoholic beverages prohibited. No alcoholic beverages may be served, consumed or sold on the premises of an adult business.

(6) Illumination. All areas of the adult business must be illuminated at a minimum of the following footcandles, minimally maintained and evenly distributed at ground level:

(7) Security measures.

(a) On-site manager required.

1. All adult businesses must have a responsible person who is over the age of 18 and is on the premises to act as manager at all times the business is open, and shall be given by the owner or operator the responsibility and duty to address and

immediately resolve all violations of law taking place on the premises.

2. No performer may serve as an on-site manager.

3. If the on-site manager is not an owner, then the owners must provide the Director with the individual background information set forth in divisions (1) to (9) of § 5.50.040(A) for such on-site manager, and receive approval for each such on-site manager, utilizing the application process under § 5.50.050, prior to such individual commencing any managerial duties at the premises.

(b) Security guards required. Adult businesses must employ state-licensed, uniformed security guards in order to maintain the public peace and safety, based upon the following standards:

1. Adult businesses featuring adult live entertainment and performers must provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than 35 persons, an additional security guard must be on duty.

2. Security guards for other adult businesses may be required if it is determined by the Police Chief that their presence is necessary in order to prevent any of the conduct prohibited in this chapter from occurring on the premises.

(c) Duties and qualifications of security guards.

1. Security guards have a duty to prevent violations of law and enforce compliance by patrons with the requirements of this chapter.

2. Security guards must be uniformed in such a manner so as to be readily identifiable as a security guard by the public, and must be duly licensed as a security guard as required under state law.

3. No security guard required under this section may act as a door person, ticket seller, ticket taker, admittance person, performer or on-site manager while acting as a security guard.

(d) Illumination requirements for off-street parking areas and building entries.

1. All off-street parking areas and building entries serving an adult business featuring adult live entertainment must be illuminated during all hours of operation, with a lighting system designed to provide at least an average maintained, horizontal illumination of 1.5 footcandle of light on the parking surface and walkway.

2. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adult business, for the personal safety of patrons and employees, and to reduce the incidence of vandalism and theft.

3. The lighting must be shown on the required site or plot plan.

4. The required lighting must remain on for at least 30 minutes after the closing time of the adult business to promote safety for its employees.

(e) Security system for off-street parking areas. All off-street parking areas serving an adult business featuring adult live entertainment must have a security system that visually records and retains images of the entire parking area for at least a 72-hour period, for the purposes of promoting safety and identifying illegal activity.

(8) [Reserved].

(9) Adult live entertainment; additional operating regulations. The following additional requirements apply to adult businesses providing adult live entertainment:

(a) No person may perform adult live entertainment for patrons of an adult business except upon a permanently fixed stage, at least 18 inches above the level of the floor, and surrounded by a three-foot-high barrier or by a fixed rail at least 30 inches in height.

1. A distance of at least six feet, measured horizontally, must be maintained between patrons and performers at all times during a performance.

2. No patron may be permitted on the stage while the stage is occupied by a performer. This provision does not apply to an individual viewing area, where the performer is completely separated from the area in which an individual views the performer by a permanent, floor-to-ceiling, solid barrier.

(b) No performer may have physical contact with any patron, and no patron may have physical contact with any performer, while the performer is performing on the premises.

1. This prohibition does not extend to incidental touching.

2. Patrons must be advised of the no touching requirements by signs conspicuously displayed and placed on the barrier between patrons and performers, and utilizing red or black printing of letters not less than one inch in size.

3. If necessary, patrons must also be advised of the no touching requirements by employees or independent contractors of the establishment.

(c) While on or about the premises, all employees and independent contractors of the adult business, including performers, must wear, at a minimum, an opaque covering that covers their specified anatomical areas.

(d) If patrons wish to pay or tip performers, payment or tips may be placed in containers placed at least six feet from the stage used by the performers.

1. Patrons may not throw money to performers, place monies in the performers’ costumes, or otherwise place or throw monies on the stage.

2. Patrons must be advised of this requirement by signs conspicuously displayed and placed on the barrier between patrons and performers, and utilizing red or black printing of letters not less than one inch in size.

(e) The adult business must provide dressing rooms for performers, which are separated by gender and exclusively dedicated to the performers' use, and which the performers must use.

1. Same gender performers may share a dressing room.

2. Patrons are not permitted in dressing rooms.

(f) The adult business must provide an entrance/exit to the establishment for performers that is separate from the entrance/exit used by patrons, and the performers must use this entrance/exit at all times.

(g) The adult business must provide access for performers between the stage and the dressing rooms that is completely separated from the patrons.

1. If such separate access is not physically feasible, the adult business must provide a minimum-three-foot-wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers capable of (and that actually results in) preventing any physical contact between patrons and performers.

2. The patrons must remain at least three feet away from the walk aisle.

3. Nothing in this section is intended to exempt the adult business from compliance with the provisions of Title 24 of the California Code of Regulations pertaining to handicapped accessibility.

(10) Adult theater; additional operating requirements. The following additional requirements apply to adult theaters.

(a) If the theater contains a hall or auditorium area, the area must comply with each of the following provisions:

1. Have individual, separate seats, not couches, benches, or the like, to accommodate the maximum number of persons who may occupy the hall or auditorium area;

2. Have a continuous main aisle alongside the seating areas so that each person seated in the hall or auditorium area is visible from the aisle at all times;

3. Have a sign posted in a conspicuous place at or near each entrance to the hall or auditorium area, listing the maximum number of persons who may occupy the hall or auditorium area, which number may not exceed the number of seats within the hall or auditorium area.

(11) No owner, operator or on-site manager of any adult business may have pled guilty, nolo contendere or been convicted within the past three years of any of the following offenses, or convicted of an offense outside the state of California that would have constituted any of the following offenses if committed within the state of California: Cal. Penal Code §§ 243.4, 261, 266a through 266j, inclusive, 267, 314, 315, 316, 318; or Cal. Penal Code § 647a, b and d; any offense requiring registration under provisions of either Cal. Penal Code §290 or Cal. Health & Safety Code § 11590; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing or giving away of a controlled substance specified in Cal. Health & Safety Code §§ 11054, 11055, 11056, 11057 or 11058, as those sections may hereafter be amended.

(12) No owner, operator, employee or performer of an adult business may personally solicit, or permit the personal solicitation of, motorists or pedestrians in the vicinity of the adult business.

(13) Every adult business must display, at all times during business hours, the permit issued pursuant to the provisions of this chapter for such adult business, in a conspicuous place so that the permit may be readily seen by all persons entering the adult business.

(14) No owner, operator or on-site manager may permit any person on the premises of the adult business to engage in, nor may any performer perform at such premises, a live showing of any of the following: (a) the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, (b) the female breasts with less than a fully opaque covering over any part of the nipple or areola; or (c) covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specific anatomical part required to be covered.

(15) No performer may be employed, hired, engaged or otherwise retained by an adult business to participate in or give any live performance without first having a valid adult business performer license issued by the city.

(Ord. 4496, passed 5-29-07)

(A) No person may operate or manage, or cause to be operated or managed, an adult business knowingly, or with reason to know, permitting, suffering or allowing any employee or independent contractor:

(1) To engage in a lap dance with a patron at the business; or

(2) To contract or otherwise agree with a patron to engage in a lap dance with a person at the business; or

(3) To intentionally touch any patron at an adult business while performing adult live entertainment; or

(4) To voluntarily be within six feet of any patron while performing adult live entertainment; or

(5) To solicit or request any gratuity, pay or any other form of consideration from a patron on the premises of the adult business while performing adult live entertainment.

(B) No person at any adult business may intentionally touch an employee or independent contractor who is performing adult live entertainment at the adult business.

(C) No person at any adult business may engage in a lap dance with an employee or independent contractor at the adult business.

(D) No person may directly pay, offer to pay, or otherwise seek to provide a gratuity, pay or any other form of consideration, to a performer at an adult business. No person may use an intermediary, such as an employee or independent contractor, to offer, provide, or otherwise pay a gratuity or other form of consideration to a performer at an adult business.

(E) No performer may engage in a performance or solicit a performance between the hours of midnight and 10:00 a.m.

(F) No employee or independent contractor at an adult business may appear on the premises of the adult business in the nude, seminude, or display or expose specified anatomical areas.

(Ord. 4496, passed 5-29-07)

The requirements described in §§ 5.50.060 and 5.50.065 are conditions of an adult business permit, and the failure to comply with any applicable requirement is grounds for revocation of the permit issued pursuant to this chapter.

(Ord. 4496, passed 5-29-07)

An adult business permit is valid for a period of one year from the date of issuance.

(Ord. 4496, passed 5-29-07)

(A) An adult business permit must be renewed on an annual basis, provided that the owner and the adult business continues to meet all applicable requirements set forth in this chapter.

(B) A request for permit renewal must be accompanied by an adult business permit application, completed in full detail with current information.

(1) The application and appropriate fee must be received by the city at least 45 calendar days prior to the expiration of the existing permit.

(2) The city will process a request for a permit renewal in the same manner as the original application.

(Ord. 4496, passed 5-29-07)

(A) No adult business permit may be sold, transferred or assigned by any owner, or by operation of law, to any other person unless and until the transferee obtains an amendment to the permit from the Director stating that the transferee is now the owner.

(1) Such an amendment may be obtained only if the transferee files an application with the Director in accordance with § 5.50.040 (including payment of the applicable application fee), and the Director determines, in accordance with § 5.50.050, that the transferee would be entitled to the issuance of the original permit.

(2) Without such amendment to the permit, any other purported sale, transfer or assignment, or attempted sale, transfer or assignment, will be deemed to constitute a voluntary surrender of the permit, and thereafter the permit will be null and void.

(B) An adult business permit held by a corporation, partnership or limited liability company is subject to the same rules of transferability.

(C) An adult business permit will be valid only for the exact location specified in the permit.

(Ord. 4496, passed 5-29-07)

(A) Inspections. All law enforcement and code enforcement officers have the right to enter the premises of an adult business, from time to time during regular business hours, to make reasonable inspections, to observe and enforce compliance with building, fire, electrical, plumbing or health regulations, and to ascertain whether there is compliance with the provisions of this chapter.

(B) Grounds for revocation. The Director may revoke an adult business permit when:

(1) Any of the applicable requirements of this chapter ceases to be satisfied; or

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

(3) An owner has pled guilty, nolo contendere or been convicted of a felony or misdemeanor occurring upon, or relating to, the premises or lot upon which the adult business is located, which offense is one of those listed in § 5.50.060(b)(11); or

(4) On two or more occasions within a 12-month period, any operator, employee, agent or contractor of the owner has pled guilty, nolo contendere or been convicted of a felony or misdemeanor occurring upon, or relating to, the premises or lot upon which the adult business is located, which offense is one of those listed in § 5.50.060(b)(11); or

(5) The owner, operator or any employee, agent or contractor of the owner has knowingly allowed prostitution, or solicitation for prostitution, on the premises; or

(6) The owner, operator or any employee, agent or contractor of the owner has knowingly allowed the premises to be used as a place where a controlled substance has been illegally consumed, sold or exchanged; or

(7) The adult 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 ten days following the date written notice of such violation is mailed or delivered to the owner or operator; or

(b) If the violation is of a noncontinuous nature, one or more additional violations of the same provision, or two or more violations of any other of the provisions, of this chapter occur (regardless of whether notice of each individual violation is given to the owner or operator) within any 12-month period.

(c) Notice of revocation.

1. Upon determining that grounds for permit revocation exist, the Director will furnish written notice of the proposed revocation to the owner.

2. Such notice must summarize the principal reasons for the proposed revocation, and state that the revocation will become effective on the 20th day after the notice was deposited in the U.S. mail, unless the owner files an appeal under § 5.50.120.

3. The notice must be delivered both by posting the notice at the location of the adult business, and by sending the same, by certified mail, to the owner as that name and address appears on the permit.

(Ord. 4496, passed 5-29-07)

(A) Any interested person may appeal a decision of the Director regarding an application for, or revocation of, an adult business permit, by filing a complete notice of appeal with the City Clerk within 15 days from the date notice of such decision is mailed. To be deemed complete, the appeal must:

(1) Be in writing, stating the grounds for disagreement with the Director's stated decision;

(2) Include the address to which notice is to be mailed;

(3) Be signed under penalty of perjury; and

(4) Be accompanied by the filing fee established by City Council resolution.

(B) If an appeal is timely filed, the City Clerk will cause to be set a date for the hearing of the appeal not more than 30 days from the date the appeal is received.

(1) The hearing will be a de novo hearing on the action appealed from.

(2) At the hearing, the appellant will have the right to offer testimonial, documentary and tangible evidence bearing upon the issues.

(3) The hearing officer will not be bound by the formal rules of evidence.

(4) Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness.

(C) The hearing officer will issue written findings and a decision within ten days of the conclusion of the hearing, and send notice of the decision by certified mail to the appellant. The notice of the decision must include reference to the appellant's right to prompt judicial review under Cal. Civ. Proc. Code § 1094.8.

(D) The action by the hearing officer will be final unless timely judicial review is sought pursuant to Cal. Civ. Proc. Code § 1094.8.

(Ord. 4496, passed 5-29-07)

(A) Reapplication after denial.

(1) An applicant for a permit under this chapter, whose application for such permit has been denied, may not reapply for a permit for a period of one year from the date such notice of denial was deposited in the mail or received by the permittee, whichever occurs first.

(2) However, a reapplication prior to the termination of one year may be made if accompanied by evidence that the ground or grounds for denial of the application no longer exists.

(B) Reapplication after revocation. No person may obtain an adult business permit for three years from the date any order of permit revocation affecting such person has become final.

(Ord. 4496, passed 5-29-07)

(A) Any owner, operator, permitee, employee or independent contractor of an adult business violating or permitting the violation of any of the provisions of this chapter will be subject to any and all civil remedies, including license or permit revocation. All remedies provided herein are cumulative and not exclusive.

(B) In addition to the remedies set forth in division (A), any adult business operating in violation of these provisions is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation.

(C) The regulations imposed under this chapter are part of a regulatory permitting process, and any violation of this chapter does not constitute a criminal offense. Notwithstanding any other provision of the this code, the city does not impose a criminal penally for violations of this chapter related to expressive activities.

(Ord. 4496, passed 5-29-07)

The provisions of this chapter are not intended to be exclusive, and compliance therewith will not excuse noncompliance with any other applicable regulations pertaining to the operation of businesses adopted by the city.

(Ord. 4496, passed 5-29-07)