§ 17.49

A.

Upon the filing of said application for a sexually oriented business employee license, the city shall issue a temporary license to said applicant. The application shall then be referred to the appropriate city departments for an investigation to be made on such information as is contained on the application. The application process shall be completed within thirty (30) days from the date the completed application is filed. After the investigation, the city shall issue a license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:

1.

The applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;

2.

The applicant is under the age of eighteen years;

3.

The applicant has been convicted of a "specified criminal activity" as defined in this chapter;

4.

The sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by a particular provision of this chapter; or

5.

The applicant has had a sexually oriented business employee license revoked by the city within two years of the date of the current application. If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in Section 17.49.100.

B.

A license granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the city that the applicant has not been convicted of any specified criminal activity as defined in this chapter or committed any act during the existence of the previous license, which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in Section 17.49.060.

C.

Within thirty days after receipt of a completed sexually oriented business application, the city shall approve or deny the issuance of a license to an applicant. The city shall approve the issuance of a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true:

1.

An applicant is under eighteen years of age.

2.

An applicant or a person with whom applicant is residing is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation to any business.

3.

An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.

4.

An applicant or a person with whom the applicant is residing has been denied a license by the city to operate a sexually oriented business within the preceding twelve months or whose license to operate a sexually oriented business has been revoked within the preceding twelve months.

5.

An applicant or a person with whom the applicant is residing has been convicted of a specified criminal activity defined in this chapter.

6.

The premises to be used for the sexually oriented business have not been approved by the health department, fire department, and the building official as being in compliance with applicable laws and ordinances.

7.

The license fee required by this chapter has not been paid.

8.

An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter.

D.

The license, if granted shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business and the classification for which the license is issued pursuant to Section 17.49.030. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time.

E.

The health department, fire department, and the building official shall complete their certification that the premises is in compliance or not in compliance within twenty days of receipt of the application by the city.

F.

A sexually oriented business license shall be issued for only one classification as found in Section 17.49.030.

(Ord. 746 § 2 (part), 1998)

A.

Every application for a sexually oriented business license (whether for a new license or for renewal of an existing license) shall be accompanied by a five hundred-dollar nonrefundable application and investigation fee.

B.

In addition to the application and investigation fee required above, every sexually oriented business that is granted a license (new or renewal) shall pay to the city an annual nonrefundable license fee of one hundred four dollars within thirty days of license issuance or renewal.

C.

Every application for a sexually oriented business employee license (whether for a new license or for renewal of an existing license) shall be accompanied by an annual nonrefundable application, investigation,

and license fee.

D.

All license applications and fees shall be submitted to the development services department.

(Ord. 746 § 2 (part), 1998)

17.49.070 - Inspection.

A.

An applicant or licensee shall permit representatives of the police department, health department, fire department, zoning department, or other city departments or agencies to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business.

B.

A person who operates a sexually oriented business or his agent or employee commits a misdemeanor if he refuses to permit such lawful inspection of the premises at any time it is open for business.

(Ord. 746 § 2 (part), 1998)

A.

Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in Section 17.49.040 application for renewal shall be made at least thirty days before the expiration date, and when made less than thirty days before the expiration date, the expiration of the license will not be affected.

B.

When the city denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the city finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety days have elapsed since the date denial became final.

(Ord. 746 § 2 (part), 1998)

A.

The city shall suspend a license for a period not to exceed thirty days if it determines that a licensee or an employee of a licensee has:

1.

Violated or is not in compliance with any section of this chapter;

2.

Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter.

(Ord. 746 § 2 (part), 1998)

A.

The city shall revoke a license if a cause of suspension in Section 17.49.090 occurs and the license has been suspended within the preceding twelve months.

B.

The city shall revoke a license if it determines that:

1.

A licensee gave false or misleading information in the material submitted during the application process;

2.

A licensee has negligently allowed possession, use, or sale of controlled substances on the premises;

3.

A licensee has negligently allowed prostitution on the premises;

4.

A licensee negligently operated the sexually oriented business during a period of time when the licensee's license was suspended;

5.

Except in the case of an adult motel, a licensee has negligently allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises; or

6.

A licensee is delinquent in payment to the city, county, or state for any taxes or fees past due.

C.

When the city revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a sexually oriented business license for one year from the date the revocation became effective. If, subsequent to revocation, the city finds that the basis for the revocation has been corrected or abated, the

applicant may be granted a license if at least ninety days have elapsed since the date the revocation became effective.

D.

After denial of an application, or denial of a renewal of an application, or suspension or revocation of any license, the applicant or licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction. The administrative action shall be promptly reviewed by the court.

(Ord. 746 § 2 (part), 1998)

A licensee shall not transfer his/her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.

(Ord. 746 § 2 (part), 1998)

17.49.120 - Location of sexually oriented businesses.

A.

A person commits a misdemeanor if that person operates or causes to be operated a sexually oriented business in any zoning district other than C-G (general commercial), as defined and described in the city zoning ordinance.

B.

A person commits an offense if the person operates or causes to be operated a sexually oriented business within five hundred feet of:

1.

A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;

2.

A public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;

3.

A boundary of a residential district as defined in the city of Blythe zoning ordinance;

A public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the city which is under the control, operation, or management of the city park and recreation authorities;

5.

The property line of a lot developed to a residential use as defined in the zoning ordinance;

6.

An entertainment business which is oriented primarily towards children or family entertainment; or

7.

A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the state.

C.

A person commits a misdemeanor if that person causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within one thousand feet of another sexually oriented business.

D.

A person commits a misdemeanor if that person causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.

E.

For the purpose of subsection B of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in said subsection B. Presence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.

F.

For purposes of subsection C of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.

G.

Any sexually oriented business lawfully operating on July 1, 1998, that is in violation of subsections A through F of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily

discontinued for a period of thirty days or more. Such nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within one thousand feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established businesses is/are nonconforming.

H.

A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a use listed in subsection B of this section within one thousand feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or been revoked.

(Ord. 746 § 2 (part), 1998)

A.

Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this chapter.

B.

A person commits a misdemeanor if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented license, he rents or subrents a sleeping room to a person and, within ten hours from the time the room is rented, he rents or subrents the same sleeping room again.

C.

For purposes of subsection B of this section, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration.

(Ord. 746 § 2 (part), 1998)

17.49.140 - Regulations pertaining to exhibition of sexually explicit films, videos or live entertainment in viewing rooms.

A.

A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty square feet of floor space, a film, video cassette, live entertainment, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

Upon application for a sexually oriented license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The city may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

2.

The application shall be sworn to be true and correct by the applicant.

3.

No alteration in the configuration or location of a manager's station may be made without the prior approval of the city.

4.

It is the duty of the licensee of the premises to ensure that at least one licensed employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.

5.

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

6.

It shall be the duty of the licensee to ensure that the view area specified in subsection (A)(5) of this section remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (A)(1) of this section.

7.

No viewing room may be occupied by more than one person at any time.

The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five footcandles as measured at the floor level.

9.

It shall be the duty of the licensee to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

10.

No licensee shall allow openings of any kind to exist between viewing rooms or booths.

11.

No person shall make or attempt to make an opening of any kind between viewing booths or rooms.

12.

The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.

13.

The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.

14.

The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within forty-eight inches of the floor.

B.

A person having a duty under subsection (A)(1) through (14) of this section commits a misdemeanor if he knowingly fails to fulfill that duty.

(Ord. 746 § 2 (part), 1998)

17.49.150 - Additional regulations for escort agencies.

A.

An escort agency shall not employ any person under the age of eighteen years.

B.

A person commits an offense if the person acts as an escort or agrees to act as an escort for any person under the age of eighteen years.

17.49.160 - Additional regulations for nude model studios.

(Ord. 746 § 2 (part), 1998)

A.

A nude model studio shall not employ any person under the age of eighteen years.

B.

A person under the age of eighteen years commits an offense if the person appears semi-nude or in a state of nudity in or on the premises of a nude model studio.

C.

A person commits an offense if the person appears in a state of nudity, or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.

D.

A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.

(Ord. 746 § 2 (part), 1998)

17.49.170 - Additional regulations concerning public nudity.

A.

It shall be a misdemeanor for a person who knowingly and intentionally, in a sexually oriented business, appears in a state of nudity or depicts specified sexual activities.

B.

It shall be a misdemeanor for a person who knowingly or intentionally in a sexually oriented business appears in a semi-nude condition unless the person is an employee who, while semi-nude, shall be at least ten feet from any patron or customer and on a stage at least two feet from the floor.

C.

It shall be a misdemeanor for an employee, while semi-nude in a sexually oriented business, to solicit any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any employee, while said employee is semi-nude in a sexually oriented business.

D.

It shall be a misdemeanor for an employee, while semi-nude, to touch a customer or the clothing of a customer.

(Ord. 746 § 2 (part), 1998)

17.49.180 - Prohibition against children in a sexually oriented business.

A.

A person commits a misdemeanor if the person knowingly allows a person under the age of eighteen years on the premises of a sexually oriented business.

B.

A person under the age of eighteen years commits a misdemeanor if the person enters or remains in a sexually oriented business.

(Ord. 746 § 2 (part), 1998)

No sexually oriented business, except for an adult motel, may remain open at any time between the hours of one a.m. and eight a.m. on weekdays and Saturdays, and between the hours of one a.m. and noon on Sundays.

(Ord. 746 § 2 (part), 1998)

It is a defense to prosecution under Section 17.49.170 that a person appearing in a state of nudity did so in a modeling class operated:

A.

By a proprietary school, licensed by the state; a college, junior college, or university supported entirely or partly by taxation;

B.

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

C.

In a structure:

1.

Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and

2.

Where, in order to participate in a class a student must enroll at least three days in advance of the class; and

Where no more than one nude model is on the premises at any one time.

(Ord. 746 § 2 (part), 1998)

A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of Section 17.49.120 of this chapter is subject to a suit for injunction as well as prosecution for criminal violations. Such violations shall be punishable by a fine of two hundred dollars or thirty days' imprisonment. Each day a sexually oriented business so operates is a separate offense or violation.

(Ord. 746 § 2 (part), 1998)

Chapter 17.50 - AUTOMOBILE SERVICE STATIONS

Sections: