Buena Park Municipal Code Art. II Adult Entertainment Business 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 business permit for such business.

(Ord. 1362 § 3, 1997)

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

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

1. A completed application form signed by: (a) the applicant, and (b) either the record owner of the property or the lessor of the premises (if the business premises are leased to the applicant business) where the adult entertainment business is to be conducted;

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

3. Two color photographs, taken within six 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. A letter of justification which describes the proposed adult entertainment business and how it will satisfy the requirements of this chapter;

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 19 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 to the best of the applicant's information and belief;

7. A nonrefundable application fee in an amount set by resolution of the city council.

(Ord. 1362 § 3, 1997)

The director shall, within thirty city business days of the filing of a complete application, approve and issue the adult entertainment business permit if the requirements of this chapter have been met; otherwise the permit shall be denied. In the event that the results of a fingerprint check are not received by the director within the aforementioned thirty city business days, any permit granted shall be provisional, and the final permit shall be contingent upon the receipt of such results. 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 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 the written consent of the applicant. Any interested person may appeal the decision of the director to the hearing officer in accordance with Article V of this chapter.

(Ord. 1362 § 3, 1997)

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

B. No adult entertainment business permit issued pursuant to this chapter shall be transferable.

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

(Ord. 1362 § 3, 1997)

Adult entertainment businesses shall comply with the minimum proximity requirements of Title 19 of this code.

(Ord. 1362 § 3, 1997)

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 in height, except trees with foliage not less than six feet 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 which provides an average maintained horizontal illumination of one footcandle of light on parking surfaces and walkways. The lighting shall be shown on the site plan required by Section 5.44.040(B)(5) of this chapter.

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. The building entrance to the adult entertainment business shall be clearly and legibly posted with a notice indicating that persons under eighteen years of age are precluded from entering the premises.

G. 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.

H. All areas of the adult entertainment business shall be illuminated at a minimum of the following footcandles, minimally maintained and evenly distributed at ground level:

I. 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.

J. 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 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 must be direct line of sight from the designated manager's station.

2. At all times the view specified in subsection (J)(1) 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 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 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.

K. Adult cabarets and adult theaters, except for businesses regulated by the Alcoholic Beverage Control Commission, shall comply with the following additional requirements:

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

2. An entrance/exit for entertainers, separate from the entrance/exit used by patrons, shall be provided.

3. 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 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 in height and shall be sufficient to prevent any physical contact between patrons and entertainers.

(Ord. 1362 § 3, 1997)

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 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 which has been designated as an area in which patrons will not be permitted.

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

F. The adult entertainment business shall maintain a security system that visually monitors and records all parking surfaces serving the business.

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

1. One security guard shall be on duty at all times while the business is open; provided, however, that an additional security guard shall be on duty if the occupancy limit of the premises is greater than 35 persons.

2. The security guard(s) shall be: (a) certified by the State Commission on Peace Officer Standards and Training; (b) currently employed, off-duty peace officer(s); and (c) 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 preventing violations of law, enforcing patron compliance with the requirements of this chapter, and with notifying the Buena Park 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 midnight and eight a.m. on any day, except that this provision does not apply to businesses also regulated by the California Department of Alcoholic Beverage Control Commission.

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, except for businesses regulated by the Alcoholic Beverage Control Commission, shall comply with the following additional requirements:

1. No entertainer shall perform except upon a stage which is both: (a) at least eighteen inches above the level of the floor, and (b) separated by a distance of at least ten feet from the nearest area occupied by patrons.

2. No patron shall be permitted within ten feet of the stage while the stage is occupied by an entertainer.

3. No entertainer shall have physical contact with a patron before, during or after performances. This subsection shall only apply to physical contact on the premises of the business.

4. No patron shall have physical contact with an entertainer before, during or after performances. This subsection shall only apply to physical contact on the premises of the business.

5. No patron shall directly pay or give any gratuity to an entertainer.

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

7. No owner or other person with managerial control over an adult entertainment business shall permit any person on the premises of the adult entertainment business to engage in a live showing of specified anatomical areas.

(Ord. 1362 § 3, 1997)

A. Maintenance. The owner of an adult entertainment business shall maintain complete records which 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 which is derived from such transactions. Such records shall be maintained for at least three years after the end of the calendar year for which the records were created.

B. Exemption. This section shall not be applicable to an adult entertainment business for which such transactions constitute less than fifteen percent of the gross receipts of the business.

(Ord. 1362 § 3, 1997)

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. 1362 § 3, 1997)

A. Maintenance. 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 entertainment business permit number.

B. Annual Filing. 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 to the best of the owner's information and belief.

(Ord. 1362 § 3, 1997)

Every adult entertainment business shall display at all times during business hours the permit issued pursuant to the provisions of this chapter 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. 1362 § 3, 1997)

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 premises of the adult entertainment business for the purpose of ensuring compliance with the law at any time the adult entertainment business is open for business or is occupied.

(Ord. 1362 § 3, 1997)

An adult entertainment business permit under this chapter shall be valid for twenty-four months from the date of issuance unless suspended or revoked.

(Ord. 1362 § 3, 1997)

An adult entertainment business permitted under this chapter shall submit an application for renewal no later than thirty calendar days prior to the expiration of the permit issued for such establishment. The renewal application shall be submitted together with a nonrefundable renewal fee in an amount established by resolution of the city council. Applications for renewal of an adult entertainment business permit shall be processed in accordance with the provisions of this article.

(Ord. 1362 § 3, 1997)

The requirements of this chapter shall be deemed conditions of adult entertainment business permit approvals. Failure to comply with every such requirement shall be grounds for suspension or revocation of an adult entertainment business permit.

(Ord. 1362 § 3, 1997)