Beverly Hills Municipal Code Art. 2 Adult Entertainment Regulatory Permit

It is unlawful for any person to operate, engage in, conduct or carry on any adult entertainment business unless the owner of such business first obtains from the director, and continues to maintain in full force and effect, an adult entertainment regulatory permit for such business. (Ord. 98-O-2302, eff. 7-2-1998)

A. The owner of a proposed adult entertainment business shall be the only person eligible to obtain an adult entertainment business regulatory permit for such business. The owner shall not be eligible to obtain an adult entertainment business regulatory permit unless the owner is at least eighteen (18) years of age.

B. The following shall be submitted to the director at the time of application for an adult entertainment business regulatory permit:

1. A completed application form signed by the applicant.

2. The applicant's fingerprints on a form provided by the Beverly Hills police department. Any fees for the fingerprints shall be paid by the applicant.

3. Two (2) color photographs, taken within six (6) months prior to the date of the application, that clearly show the applicant's face. Any fees for the photographs shall be paid by the applicant.

4. An operations description letter that describes in detail the proposed adult entertainment business and how it will satisfy the design and performance standards of this article.

5. A site plan depicting the building and unit proposed for the adult entertainment business. The site plan shall include a dimensional interior floor plan that depicts how the business will comply with the requirements of this chapter. The site plan shall also include a diagram of the off street parking areas required by title 10, chapter 3, article 27 of this code.

6. A statement signed by the applicant certifying under penalty of perjury that all of the information submitted in connection with the application is true and correct.

7. A nonrefundable application fee in the amount of one hundred dollars ($100.00). This fee shall not be increased.

C. If the director determines that the applicant has completed the application improperly, the director shall promptly notify the applicant of such fact and, upon request of the applicant, shall return the application. As a convenience to the applicant, upon request of the applicant, the director shall grant the applicant an extension of time of ten (10) calendar days to complete the application properly. The time period for granting or denying the requested permit shall be stayed during the period in which the applicant is granted an extension of time. Unless the applicant requests an extension of time pursuant to this subsection, nothing in this subsection shall be construed to relieve the director of the duty to make a decision within the time limits set forth in section 4-7-203 of this article. (Ord. 98-O-2302, eff. 7-2-1998; amd. Ord. 99-O-2319, eff. 2-5-1999; Ord. 99-O-2321, eff. 2-19-1999; Ord. 01-O-2386, eff. 12-9-2001; Ord. 02-O-2396, eff. 4-26-2002; Ord. 02-O-2402, eff. 6-20-2002)

The director shall, within thirty (30) city business days of the filing of an application, approve and issue the adult entertainment regulatory permit if a complete application has been submitted and the requirements of this article have been met; otherwise the permit shall be denied. Notice of the approval or denial of the permit shall be given to the applicant in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States postal service within three (3) city business days of the date of such decision. If the application is denied, the director shall attach to the notice a statement of the reasons for the denial. The times set forth in this section shall not be extended except upon written consent of the applicant. Any interested person may appeal the decision of the director to the hearing officer in accordance with article 5 of this chapter. (Ord. 98-O-2302, eff. 7-2-1998; amd. Ord. 99-O-2319, eff. 2-5-1999; Ord. 99-O-2321, eff. 2-19-1999)

A. No person shall operate an adult entertainment business under the authority of an adult entertainment regulatory permit at any place other than the address of the adult entertainment business stated in the application for the permit.

B. No adult entertainment regulatory permit issued pursuant to this article shall be transferable.

C. Any attempt to transfer an adult entertainment regulatory permit is hereby declared invalid and the permit shall automatically become void effective the date of such attempted transfer.

D. Nothing in this section shall prevent the director from approving a second adult entertainment regulatory permit for a single location provided that the holder of the adult entertainment regulatory permit previously approved for such location consents in writing to the automatic expiration of such previously approved permit upon the effective date of such second permit. (Ord. 98-O-2302, eff. 7-2-1998)

Adult entertainment businesses shall comply with the location criteria of title 10, chapter 3, article 27.7 of this code. (Ord. 98-O-2302, eff. 7-2-1998)

A. No adult entertainment business shall be located in any temporary or portable structure.

B. Trash dumpsters shall be enclosed by a screening enclosure so as not to be accessible to the public.

C. No landscaping shall exceed thirty inches (30") in height, except trees with foliage not less than six feet (6') above the ground.

D. All off street parking areas and premises entries of the adult entertainment business shall be illuminated from dusk to closing hours of operation with a lighting system that provides an average maintained horizontal illumination of one foot-candle of light on parking surfaces and walkways. The lighting shall be shown on the site plan required by subsection 4-7-202B5 of this article.

E. The premises within which the adult entertainment business is located shall provide sufficient sound absorbing insulation so that noise generated inside the premises shall not be audible anywhere on adjacent property, public rights of way or within any separate unit within the same building.

F. All indoor areas of the adult entertainment business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.

G. All indoor areas of the adult entertainment business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:

H. The adult entertainment business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from adult entertainment material and adult entertainment merchandise. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this subsection shall not apply to an adult entertainment business that: 1) is not required to and does not provide restroom facilities to patrons or the general public; and 2) deals exclusively with sale or rental of adult entertainment material or adult entertainment merchandise that is not used or consumed on the premises.

I. Adult arcades shall comply with the following additional requirements:

1. The interior of the premises shall be configured in such a manner that from a manager's station there is an unobstructed view of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. If the premises has two (2) or more designated manager's stations, then the interior shall be configured in such a manner that from at least one of the manager's stations there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, excluding restrooms. The view required in this subsection I1 must be direct line of sight from the designated manager's station.

2. At all times the view specified in subsection I1 of this section shall remain unobstructed by doors, walls, merchandise, display racks, or other materials.

3. The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times. The walls or partitions between viewing rooms or booths shall not contain holes between any two (2) such rooms or booths such as would allow either: a) viewing from one room or booth into another; or b) physical contact of any kind between the occupants of any two (2) such rooms or booths.

4. Signs prohibiting loitering shall be posted in prominent places in and near viewing rooms and booths.

5. No alteration in the configuration of a manager's station shall be made without the written approval of the director.

J. Adult cabarets and adult theaters shall comply with the following additional requirements:

1. The interior of the premises shall be configured in such a manner that from a manager's station there is an unobstructed view of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. If the premises has two (2) or more designated manager's stations, then the interior shall be configured in such a manner that from at least one of the manager's stations there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, excluding restrooms. The view required in this subsection J1 must be direct line of sight from the designated manager's station.

2. At all times the view specified in subsection J1 of this section shall remain unobstructed by doors, walls, merchandise, display racks, or other materials.

3. No alteration in the configuration of a manager's station shall be made without the written approval of the director.

4. Separate dressing room facilities for entertainers, exclusively dedicated to the entertainers' use, shall be provided.

5. Access between the stage and the entertainers' dressing room facilities, completely separated from the patrons, shall be provided. If such separate access is not physically feasible, a minimum three foot (3') wide walk aisle between the entertainers' dressing room facilities and the stage shall be provided. Such walk aisle shall contain a railing, fence or other barrier separating the patrons and the entertainers. Such railing, fence or other barrier shall be at least thirty inches (30") in height and shall be sufficient to delineate a separation between patrons and entertainers; provided, however, that such railing may contain individual breaks not exceeding five feet (5') in length and not exceeding more than fifty percent (50%) of the length of the walk aisle between the entertainers' dressing room facilities and the stage. (Ord. 98-O-2302, eff. 7-2-1998)

A. No adult entertainment business shall be operated in a manner that permits the observation, from public rights of way or locations outside the establishment, of either: 1) adult entertainment material; 2) adult entertainment merchandise; 3) specified sexual activities; 4) specified anatomical areas; or 5) any nude or seminude person. This provision shall apply to any display, decoration, sign, show window or other opening.

B. Exterior doors and windows of the adult entertainment business shall not be propped or kept open at any time while the business is open.

C. Exterior windows of the adult entertainment business shall be covered with opaque covering at all times.

D. Patrons shall not be permitted access to any area of the adult entertainment business that has been designated as an area in which patrons will not be permitted.

E. No person under the age of eighteen (18) years shall be permitted within the adult entertainment business at any time.

F. Adult entertainment businesses served by on site parking surfaces shall maintain a security system that visually monitors and records such parking surfaces.

G. Security guards shall be employed in accordance with the following standards:

1. Businesses conducted within premises having a maximum occupancy capacity of one hundred (100) persons or fewer shall have two (2) security guards on duty at all times while the business is open. Businesses conducted within premises having a maximum occupancy capacity greater than one hundred (100) persons shall have three (3) security guards on duty at all times while the business is open.

2. The security guard(s) shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public.

3. The security guard(s) shall be charged with enforcing patron compliance with the requirements of this chapter, and with notifying the Beverly Hills police department of any violations of law observed.

4. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard.

H. No adult entertainment business shall operate between the hours of twelve o'clock (12:00) midnight and eight o'clock (8:00) A.M. on any day, except that this provision does not apply to businesses also regulated by the California department of alcoholic beverage control.

I. The exterior grounds of the premises of the adult entertainment business shall be free from all adult entertainment material and adult entertainment merchandise.

J. Adult arcades shall comply with the following additional requirements:

1. No viewing room or video booth may be occupied by more than one person at any one time.

2. At least one employee shall be on duty and stationed at each manager's station at all times that a patron is present inside the premises.

3. Customers, patrons or visitors shall not be allowed to loiter in either: a) the vicinity of viewing rooms or booths; or b) the common area of the business.

4. The floors, seats, walls and other interior portions of viewing rooms and booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any viewing rooms or booths shall be evidence of improper maintenance and inadequate sanitary controls.

K. Adult cabarets and adult theaters shall comply with the following additional requirements:

1. No entertainer shall perform except upon a stage that is both: a) at least eighteen inches (18") above the level of the floor; and b) separated by a distance of at least six feet (6') from the nearest area occupied by patrons.

2. No patron shall be permitted within six feet (6') of the stage while the stage is occupied by an entertainer nor shall a patron be permitted within six feet (6') of any person dancing for any form of consideration.

3. No entertainer shall fondle or caress any patron and no patron shall fondle or caress any entertainer. This prohibition shall apply before, during and after a performance, but only on the premises of the business. For the purposes of this subsection, "fondle or caress" means to touch with the intent to sexually arouse or excite.

4. No patron shall directly pay or give any gratuity to an entertainer in conjunction with a performance. For purpose of this provision, "directly pay or give" shall mean the placement of a gratuity by a patron on any portion of an entertainer's person or clothing.

5. No entertainer shall solicit any gratuity from a patron.

L. No owner or other person with managerial control over the adult entertainment business shall permit any person on the premises to engage in a live performance characterized by the exposure of specified anatomical areas. (Ord. 98-O-2302, eff. 7-2-1998; amd. Ord. 99-O-2337, eff. 11-19-1999; Ord. 02-O-2396, eff. 4-26-2002; Ord. 02-O-2402, eff. 6-20-2002)

A. Except as provided in subsection B of this section, the owner of an adult entertainment business shall maintain complete records that can be segregated with regard to all transactions involving products, merchandise, services or entertainment characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas. Such records shall be sufficient to establish the percentage of gross receipts of the business that is derived from such transactions. Such records shall be maintained for at least three (3) years after the end of the calendar year for which the records were created.

B. The requirements of subsection A of this section shall not be applicable to any adult entertainment business whose owner has submitted to the director a written statement consenting to the application of this chapter to such business and agreeing to maintain the records specified above for a period of six (6) months following the withdrawal of such consent. (Ord. 98-O-2302, eff. 7-2-1998)

No permittee, owner, operator or other person in charge of an adult entertainment business shall allow any person to perform at the business unless such person is in possession of a valid adult entertainer permit. (Ord. 98-O-2302, eff. 7-2-1998)

A. Every owner of an adult cabaret and every owner of an adult theater shall maintain on the premises of such business a register of all entertainers who perform at the business. Such register shall list each entertainer's legal name, stage name(s), and adult entertainer permit number.

B. Upon commencement of the business, and on an annual basis thereafter, every owner of an adult cabaret and every owner of an adult theater shall file with the director a copy of the register of entertainers who perform at the business. Such filing shall be accompanied by a statement, signed by the owner, that all of the information in the register is true and correct. (Ord. 98-O-2302, eff. 7-2-1998)

Every adult entertainment business shall display at all times during business hours the permit issued pursuant to the provisions of this article for such business. The permit shall be displayed in a conspicuous place so that it may be readily seen by all persons entering the adult entertainment business. (Ord. 98-O-2302, eff. 7-2-1998)

The owner, operator, or other person in charge of an adult entertainment business shall allow city officers and their authorized representatives to conduct unscheduled inspections of the patron accessible areas of the business premises for the purpose of ensuring compliance with this chapter. Such access shall be afforded at any time the adult entertainment business is open for business or is occupied. (Ord. 98-O-2302, eff. 7-2-1998; amd. Ord. 01-O-2386, eff. 12-9-2001)

An adult entertainment regulatory permit issued under this article shall be valid for twenty four (24) months from the date of issuance unless suspended or revoked by the city or unless relinquished by the permittee. If an adult entertainment business ceases operating as an adult entertainment business prior to the expiration of the adult entertainment regulatory permit for the business, then the permittee shall relinquish such permit by written notice to the director within three (3) calendar days of the cessation of operations. (Ord. 98-O-2302, eff. 7-2-1998; amd. Ord. 01-O-2386, eff. 12-9-2001)

A holder of an adult entertainment regulatory permit issued under this article shall submit an application for renewal no later than thirty (30) calendar days prior to the expiration of the permit issued for such establishment. The renewal application shall consist of all of the elements prescribed by subsection 4-7-202B of this article for an initial application except that the renewal applicant's fingerprints shall not be required if the renewal applicant is the permittee. The renewal application shall be submitted together with a nonrefundable renewal fee in the amount set by resolution of the city council for adult entertainment regulatory permit renewal applications, which amount shall be set forth in the city's official fee schedule. Applications for renewal of an adult entertainment regulatory permit shall be processed in accordance with the procedures governing initial applications. (Ord. 98-O-2302, eff. 7-2-1998; amd. Ord. 01-O-2386, eff. 12-9-2001)

Failure to comply with the requirements of sections 4-7-206 and 4-7-207 of this article shall be grounds for suspension, revocation or nonrenewal of an adult entertainment regulatory permit. Furthermore, notwithstanding any other provision of this code, violation of these sections shall not constitute grounds for criminal prosecution. (Ord. 98-O-2302, eff. 7-2-1998; amd. Ord. 02-O-2396, eff. 4-26-2002; Ord. 02-O-2402, eff. 6-20-2002)