Butte County Municipal Code Art. IV Adult Business Regulation

* Editor's note—Ord. No. 3619, §§ 4, 13, adopted July 25, 2000, repealed the former Art. IV, §§ 15-100—15-105, and enacted a new Art. IV as set out herein. The former Art. IV pertained to similar subject matter and derived from Ord. No. 3476, § 4, adopted Jan. 12, 1999; Ord. No. 3482, § 3, adopted Jan. 26, 1999.

The definitions set forth below shall apply to this article:

(a) "Adult business" means any one (1) of the following:

(1) "Adult arcade" means an establishment where, for any form of compensation or other consideration, one (1) or more still or motion picture projectors, or similar machines, for viewing by five (5) or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions, thirty (30) percent or more of the number of which constitute adult material.

(2) "Adult bookstore" means an establishment that has thirty (30) percent or more of its current stock in retail areas open to customers (excluding storage areas not open to customers) in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which constitute adult material.

(3) "Adult cabaret" means a nightclub, restaurant or similar business establishment that: (i) regularly features live performances that are distinguished or characterized by an emphasis on the exposure of specified anatomical areas or specified sexual activities; (ii) regularly features persons who appear nude or semi-nude; and/or (iii) shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions, thirty (30) percent or more of the number of which constitute adult material.

(4) "Adult hotel/motel" means a hotel, motel, lodging house or similar business establishment offering public accommodations for any form of compensation or other consideration that: (i) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions, thirty (30) percent or more of the number of which constitute adult material; and (ii) rents, leases or lets any room for less than a six-hour period, or rents, leases or lets any single room more than twice in a twenty-four-hour period.

(5) "Adult motion picture theater" means a business establishment where, for any form of compensation or other consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and thirty (30) percent or more of the number of which constitute adult material.

(6) "Adult theater" means a theater, concert hall, auditorium, or similar establishment that for any form of compensation or other consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified sexual activities or specified anatomical areas.

(7) "Modeling studio" means a business that provides, for any form of compensation or other consideration, live human models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include (a) schools maintained pursuant to standards set by the state board of education, or (b) a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available to any member of the public specified sexual activities.

(b) "Adult business bar" means a bar-that also constitutes an adult business.

(c) "Adult business operator" or "operator" means a person who supervises, manages, maintains, inspects, 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 the premises thereof.

(d) "Adult material" means films, motion pictures, video cassettes, photographs, films, slides, tapes, records, closed-circuit television transmissions, computer generated images, other photographic reproductions, books, magazines, periodicals, posters, and other printed matter that are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(e) "Applicant" means a person who is required to file an application for a permit under this article, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an adult business, or a performer.

(f) "Bar" means a bar, pub, tavern, restaurant or similar establishment that operates pursuant to an on-sale license issued by the California Department of Alcoholic Beverage Control.

(g) "Church" means a building or structure that is used primarily for religious worship and related religious activities.

(h) "Director" shall mean the county director of development services or his or her designee.

(i) "Distinguished or characterized by an emphasis upon" means and refers to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. (See Pringle v. County of Covina (1981) 115 Cal.App.3d 151).

(j) "Establish" an adult business means and includes 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 type of adult business to any other type of existing adult business; or

(4) The relocation of any adult business.

(k) "Liquor store" means a store that sells alcoholic beverages at retail pursuant to an off-sale license issued by the California Department of Alcoholic Beverage Control.

(l) "Nudity" means the showing of the male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple or areola, or the showing of the covered male genitals in a discernibly turgid state.

(m) "Operate an adult business" or "operate" means the supervising, managing, maintaining, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of an adult business or activities within an adult business.

(n) "Performer" means an individual who performs, entertains, dances and/or models at an adult business in any live entertainment depicting specified anatomical areas or involving specified sexual activities.

(o) "Permittee" means the person to whom an adult business permit or adult business performer permit is issued.

(p) "Person" means any individual, partnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.

(q) "Regularly features" with respect to an adult theater or adult cabaret means a regular and substantial course of conduct. Live performances that are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurring on two (2) or more occasions within a thirty-day period, or three (3) or more occasions within a sixty-day period, or four (4) or more occasions within a one hundred eighty-day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

(r) "Residential zone" means any county zone or zoning district as described in chapter 24 of this Code that allows residential use as a principal permitted use and that allows a parcel size of smaller than five (5) acres.

(s) "School" means any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the state board of education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, home school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

(t) "Sheriff" means the Butte County Sheriff, or his or her designee.

(u) "Specified anatomical areas" means and includes any of the following:

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

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

(3) Any device, costume or covering that simulates any of the body parts included in subdivisions (1) or (2) above.

(v) "Specified sexual activities" means and includes any of the following, whether performed directly or indirectly through clothing or other covering:

(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

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

(3) Masturbation, actual or simulated; and

(4) Excretory functions as part of or in connection with any of the other activities described in subdivisions (1) through (3) of this subsection.

(Ord. No. 3619, § 4, 7-25-2000)

The establishment and/or operation of any adult business within the unincorporated area of Butte County are hereby prohibited, except as permitted pursuant to the regulations in this article. No county building permit, certificate of occupancy or any other license or entitlement for an adult business shall be issued by the county, except for uses as permitted in this article.

(Ord. No. 3619, § 4, 7-25-2000)

(a) Notwithstanding any other provision of this Code or other county ordinance, no adult business (excluding an adult hotel/motel) shall be established or operated in any zone in the county other than the GI (general industrial) and HI (heavy industrial) zones.

(b) An adult hotel/motel may be established or operated in any zone in the county where hotels and motels are generally allowed under the chapter 24 of the Code as a principal permitted use, subject to the location and distance requirements set forth in subsection (c).

(c) Notwithstanding any other provision of this Code or other county ordinance, no adult business shall be established or operated within certain distances of certain specified land uses or zones as follows: (i) No such business shall be located within one thousand (1,000) feet of any other adult business (including those located in both the unincorporated and incorporated areas of the county); and (ii) No such business shall be located within one thousand (1,000) feet from any existing residential zone, park, bar, liquor store, church or school (including those zones and uses located in both the unincorporated and incorporated areas of the county). These location restrictions shall app1y to both existing and new adult businesses, including existing nonconforming adult businesses.

(d) The distances set forth above shall be measured in a straight line from the nearest point on the property line of the adult business to the nearest point on the property line of the subject residential zone or park or the subject bar, liquor store, church, school or other adult business, without regard to intervening structures.

(e) Adult businesses shall be prohibited in any zone except as expressly authorized above.

(Ord. No. 3619, § 4, 7-25-2000)

(Ord. No. 4162, § 1, 6-11-19)

(a) It shall be unlawful for any person to engage in, conduct or carry on, or to allow to be engaged in, conducted or carried on, in or upon any premises in the unincorporated area of the county, the operation of an adult business unless the person first obtains and continues to maintain in full force and effect an adult business permit from the county as required by this article.

(b) Every person who proposes to maintain, operate or conduct an adult business in the county shall file an application with the director on an application form to be provided by the director, and shall pay a filing fee in the same amount as the administrative permit fee specified in Butte County Code section 3-43, subsection 17. The application shall include the following information:

(1) Information concerning applicant.

i. If the applicant is an individual, the individual shall state his or her legal name, including any aliases, and address, and shall submit satisfactory written proof that he or she is at least eighteen (18) years of age.

ii. If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, and whether the partnership is general or limited.

iii. If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, the name of the registered corporate agent, and the address of the registered office for service of process.

(2) Signature. If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a ten (10) percent or greater ownership interest in the business entity shall sign the application.

(3) If the applicant intends to operate the adult business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult business and show proof of registration of the fictitious name.

(4) A description of the type of adult business for which the permit is requested, the proposed address and county assessor parcel number(s) where the adult business will operate, and the names and addresses of the owners and, if applicable, lessors and lessees of the adult business site.

(5) The address to which notice of action on the application is to be mailed.

(6) A drawing depicting the building and the property site to be occupied by the adult business, and: (i) the property line of any other adult business within one thousand (1,000) feet of the adult business for which a permit is requested; and (ii) the property lines of any church, school, bar, liquor store, park or residential zone within one thousand (1,000) feet of the subject adult business.

(7) A sketch or diagram of the off-street parking areas, driveways, street access and ingress/egress, and building ingress/egress of the adult business and also showing the location of the lighting system required by this article.

(8) A proposed floor plan of the interior of the business.

(9) Whether any proposed operator has ever been convicted of: (i) any of the offenses set forth in Penal Code sections 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(D) as those sections now exist or may hereafter be amended or renumbered; or (ii) the equivalent of the aforesaid offenses outside the State of California.

(10) Whether any proposed operator is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state or jurisdiction to engage in prostitution in such other state or jurisdiction. If a proposed operator is or has ever been so licensed, registered or authorized, then the applicant shall submit a statement giving the place of such registration, licensing or authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution.

(11) An acknowledgment by the applicant that the principal operator has received a copy of, read, understands, and agrees to comply with all applicable requirements and limitations of this article.

(c) If the director determines that the applicant has completed the application improperly, the director shall promptly notify the applicant of such fact. The director shall complete the review for completeness within seven (7) working days of submittal of the application.

(d) The fact that an applicant possesses other types of state or county permits or licenses does not exempt the applicant from the requirement of obtaining an adult business permit.

(e) Each adult business permit must be renewed every three (3) years, within three (3) years from the date of issuance or last renewal, by filing with the director a written request for renewal, accompanied by a fee in the same amount as the administrative permit renewal fee specified in Butte County Code section 3-43, subsection 18. The request for renewal shall be made at least thirty (30) days before the expiration of the applicable three (3) year period. Applications for renewal shall be acted on as provided in this article, or any successor adult business ordinance, for action upon initial applications for permits.

(f) An adult business permit shall allow only the operation of the adult business type or types described in the permit. It shall be unlawful for the permittee or any other person to engage in, conduct or carry on in or upon any premises in the county, the establishment or operation of a type of adult business different from the description of the type or types of adult business described in the adult business permit. The different types of adult businesses are those listed in the definition at section 15-110(a).

(Ord. No. 3619, § 4, 7-25-2000)

(a) Upon receipt of a completed application and payment of the application fee, the director shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the applicant shall be issued an adult business permit.

(b) Within thirty (30) days of receipt of the completed application, the director shall complete the investigation, grant or deny the application in accordance with the provisions of this article, and so notify the applicant as follows:

(1) If the application is denied, the director shall provide to the applicant a statement of the reasons for denial.

(2) If the application is granted, the director shall provide to the applicant an adult business permit in a form approved by the director consistent with this article.

(3) The application denial or the permit shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application.

(c) The director shall grant the application and issue the adult business permit upon findings that the proposed business meets the locational and other criteria, standards and requirements of this article.

(d) If the director grants the application or if the director neither grants nor denies the application within thirty (30) days after submittal of a complete application, the applicant may begin operating the adult business for which the permit was sought, subject to strict compliance with the permit conditions, if any, and the development, performance and other standards and requirements of this article.

(e) The director may conditionally approve an application subject to such conditions that are necessary to bring the proposed use into conformity with valid requirements set forth in this article, other applicable county ordinances or regulations, or federal or state law. Conditions required by the permit shall be completed before issuance of a certificate of occupancy or initiation of the use.

(f) Every adult business granted a permit shall display the permit in a conspicuous place within the adult business at all times during business hours.

(Ord. No. 3619, § 4, 7-25-2000)

The director shall deny the application for any of the following reasons:

(a) The proposed interior floor plan, building, structure, equipment, or location used by the business for which an adult business permit is required does not comply with the requirements and standards of the health, zoning, fire, building or safety laws of the County and the State of California, or with the locational or development, performance and other standards and requirements of this article.

(b) The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult business permit.

(c) An applicant is under eighteen (18) years of age.

(d) The required application fee has not been paid.

(Ord. No. 3619, § 4, 7-25-2000)

(a) A permittee shall not operate an adult business under the authority of an adult business permit at any place other than the address of the adult business stated in the application for the permit. Adult business permits are nontransferable, except as provided below.

(b) A permittee shall not transfer ownership or control of an adult business or transfer an adult business permit to another person unless and until the transferee obtains an amendment to the permit from the director stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an adult business permit application with the director, accompanied by a transfer fee in the same amount as the administrative permit renewal fee specified in Butte County Code section 3-43, subsection 18, and the director determines in accordance with this article or any successor ordinance that the transferee would be entitled to the issuance of an original permit.

(c) No permit may be transferred pending any investigation or proceedings by the county regarding a possible suspension or revocation of the permit.

(d) Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be deemed revoked.

(Ord. No. 3619, § 4, 7-25-2000)

(a) No person shall engage in or participate in any live performance in the unincorporated area of the county depicting specified anatomical areas or involving specified sexual activities in an adult business, without a valid adult business performer permit issued by the county. The sheriff shall grant, deny and renew adult business performer permits.

(b) The application for a permit shall be filed with the sheriff's department on a form provided by the sheriff. The completed application shall contain the following information and be accompanied by the following documents:

(1) Applicant's legal name and any other names (including "stage names" and aliases) used by the applicant;

(2) Applicant's age, date, place of birth, height, weight, hair and eye color;

(3) Applicant's present residence address and telephone number;

(4) Address(es) of adult business(es) where the applicant intends to perform;

(5) Whether the applicant has ever been convicted of: (i) any of the offenses set forth in Penal Code sections 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(d) as those sections now exist or may hereafter be amended or renumbered; or (ii) the equivalent of the aforesaid offenses outside the State of California.

(6) Whether the applicant is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state or jurisdiction to engage m prostitution in such other state or jurisdiction. If the applicant is or has ever been so licensed, registered or authorized, then the applicant shall submit a statement giving the place of such registration, licensing or authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution.

(7) Applicant's state driver's license or identification number;

(8) Satisfactory written proof that the applicant is at least eighteen (18) years of age;

(9) Applicant's fingerprints on a form provided by the sheriff and a color photograph clearly showing the applicant's face; and

(10) If the application is made for the purpose of renewing a permit, the applicant shall attach a copy of the permit to be renewed.

(11) An acknowledgment by the applicant that he or she has received a copy of, read, understands, and agrees to comply with (i) all applicable requirements and limitations of sections 15-117—15-122 of this article, and (ii) all applicable requirements and limitations of the adult business permit(s) for the adult business location(s) at which the applicant intends to perform.

(c) The completed application shall be accompanied by a nonrefundable application fee in the amount of sixty-seven dollars ($67.00).

(d) Upon receipt of an application and payment of the application fee, the sheriff shall immediately stamp the application as received and promptly investigate the application.

(e) If the sheriff determines that the applicant has completed the application improperly, the sheriff shall promptly notify the applicant of such fact and grant the applicant an extension of time to complete the application properly. The sheriff shall complete the review for completeness within two (2) working days of submittal of the application.

(f) Within ten (10) days after receipt of a properly completed application, the sheriff shall grant or deny the application and so notify the applicant as follows:

(1) If the application is denied, the sheriff shall provide to the applicant a statement of the reasons for denial.

(2) If the application is granted, the sheriff shall provide to the applicant an adult business performer permit in a form approved by the sheriff consistent with this article.

(3) The application denial or the permit shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application.

(g) The sheriff shall grant the application and issue the adult business performer permit unless the sheriff finds that one (1) or more of the following reasons for denial apply:

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

(2) The applicant is under eighteen (18) years of age.

(3) The adult business performer permit is to be used for performing in a business prohibited by state or county law.

(4) The applicant is registered or licensed in any state or other jurisdiction as a prostitute.

(h) A performer shall have his or her county adult business performer permit available for inspection by law enforcement personnel at all times while on the premises of an adult business. Adult business performer permits are personal to the performer and nontransferable. Except for disclosures required by court order or state or federal law, all adult business permit performer applications, permits and related records shall be confidential and not released to the public.

(i) Each adult business performer permit shall expire one (1) year from the date of issuance and may be renewed only by filing with the sheriff an application for a renewal permit, accompanied by the application fee. The request for renewal shall be made at least thirty (30) days before the expiration date of the permit. Applications for renewal shall be acted on as provided above for initial applications for permits.

(j) During the period of time between submittal of an application and the sheriff's approval or denial of the application, the applicant may begin performing in the capacity and at the location(s) for which the permit was sought.

(k) Any permittee who has been issued an adult business permit that involves any live performance depicting specified anatomical areas or involving specified sexual activities shall monitor the performers to ensure that they have been Issued and possess a current county adult business performer permit. Except for the short period of time while the county is processing an application under subsection (j), allowing an unpermitted performer to perform at an adult business shall be grounds for suspension or revocation of the adult business permit.

(Ord. No. 3619, § 4, 7-25-2000)

An adult business permit or adult business performer permit may be suspended or revoked in accordance with the procedures and standards of this section.

(a) On determining that grounds for permit suspension or revocation exist, the director shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, the pertinent authority for the ground(s), and a brief statement of the factual matters in support of the proposed suspension or revocation. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally, at least ten (10) days prior to the hearing date. For adult business performer permits, the sheriff may report charges of suspected grounds for suspension or revocation to the director. The director may determine whether to proceed with suspension or revocation proceedings against an adult business performer permit either based on a report from the sheriff or based on other information.

(b) Hearings shall be conducted by the planning commission. All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. Any permittee aggrieved by a decision of the planning commission may appeal the decision pursuant to section 15-119.

(c) A permit may be subject to suspension or revocation for any of the following causes arising from the acts or omissions of the permittee, or an operator, employee, agent, partner, director, stockholder, or manager of an adult business:

(1) The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit or permit renewal, or in any report or record required to be filed with the county.

(2) The permittee, employee, agent, partner, director, stockholder, or manager of an adult business has performed, allowed, permitted, or failed to make a reasonable effort to prevent the occurrence of, any of the following on the premises of the adult business:

i. Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation.

ii. Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation occur.

iii. Any conduct constituting a criminal offense which requires registration under Penal Code section 290.

iv. The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Penal Code sections 315, 316, 318, or 647(b).

v. Any act constituting a violation of Penal Code provisions relating to obscene matter or distribution of harmful matter to minors, including but not limited to Penal Code sections 311 through 313.4.

vi. Any conduct, act, omission or occurrence prohibited by or in violation of this article.

(3) Failure to abide by a lawful suspension order previously imposed by the county or failure to comply with any condition of a permit or with any business development or performance standard specified in section 15-120.

(d) After holding the hearing in accordance with the provisions of this section, if the planning commission finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the planning commission shall impose one (1) of the following:

(1) A warning;

(2) Suspension of the permit for a specified period not to exceed six (6) months; or

(3) Revocation of the permit.

These remedies are not exclusive, and instead are in addition to any other remedy or proceeding permitted by state law or other county ordinance.

(e) In addition to the foregoing, an adult business permit shall be deemed revoked and terminated if the use for which the permit was granted has ceased, been abandoned or been suspended for a period of twelve (12) or more consecutive months. The director may determine whether or not an adult business has ceased operation, been abandoned or been suspended within the meaning of this subsection. The director may mail notice of such a determination to the permittee, who may appeal the determination in the same manner as a permit denial under section 15-119.

(f) If a permittee aggrieved by a suspension or revocation decision of the planning commission (or a determination under subsection (e)) fails to timely file an appeal with the board of supervisors within ten (10) days as provided by section 15-119, then the suspension or revocation decision or director determination shall take effect upon expiration of the ten-day period.

(Ord. No. 3619, § 4, 7-25-2000)

(a) After denial of an application for an adult business permit or adult business performer permit, after denial of renewal of such a permit (which shall be considered a type of revocation), or after suspension or revocation of such a permit, the aggrieved applicant or permittee may appeal such administrative action or decision to the board of supervisors by filing a notice of appeal with the clerk of the board of supervisors within ten (10) days of the date of the challenged action or decision. The board shall hear the appeal in accordance with Butte County Code section 24-45.30. The board's appeal hearing shall be held and a decision rendered within twenty (20) days of the filing of the notice of appeal, unless this time is extended by mutual agreement of the county and appellant.

(b) Permits issued and applied for under this article shall be subject to prompt judicial review and decision pursuant to Code of Civil Procedure section 1094.8. If a permit denial, suspension or revocation decision is affirmed on review by the board of supervisors, the applicant or permittee may seek judicial review of the board's decision pursuant to Code of Civil Procedure section 1094.8.

(c) If a permittee seeks review of a suspension or revocation decision pursuant to this section 15-119, then the suspension or revocation will be stayed as follows:

(1) If the permittee files and serves a petition for writ of mandate under Code of Civil Procedure section 1094.8 within twenty-one (21) days after the final board decision on the appeal, then the suspension or revocation shall be stayed pending a trial court decision under Code of Civil Procedure section 1094.8. If affirmed by the trial court, the suspension or revocation shall take effect immediately, unless otherwise provided by court order or applicable law.

(2) If the permittee fails to timely file and serve a petition for writ of mandate under Code of Civil Procedure section 1094.8 within twenty-one (21) days after the final board decision on the appeal, then the suspension or revocation shall take effect upon expiration of the twenty-one-day period.

(Ord. No. 3619, § 4, 7-25-2000)

The following applicable requirements shall be deemed conditions of all adult business permits issued pursuant to this article or Ordinance No. 3445 or any extension thereof, and failure to comply with any such requirement shall be grounds for denial, suspension or revocation of the permit.

(a) Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the state fire marshal or county fire warden standards and regulations and all applicable building and fire safety regulations and standards adopted by the county. If an applicant or operator of an adult business proposes new construction, alteration, repair, reconstruction, renovation or rehabilitation, or change of use or conversion of any building or structure that requires a building permit pursuant to the terms of the county building code, then the applicant or operator shall be subject to all the requirements and conditions of the building (including, but not limited to, fire, electrical, plumbing, mechanical and disability access) codes, laws, regulations and standards in the same manner as for any other building or structure of the same type, size and occupancy classification.

(b) No adult business shall be operated in any manner that permits the observation of any adult material or live adult cabaret or adult theater performance or nude or seminude person, from any public way or from any location outside the building or area of such establishment. This provision also shall apply to any display, decoration, sign, show window or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

(c) All off-street parking areas and premise entries of the adult business shall be illuminated from dusk to closing hours of operation with a lighting system that provides an average maintained horizontal illumination of one (1) foot candle of light on the parking surface and/or walkways. The 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 criminal conduct.

(d) The premises within which the adult business is located shall provide sufficient sound-absorbing insulation so that noise generated inside the premises shall 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 or on the same parcel of real property.

(e) An adult business shall not be open for business between the hours of 2:00 a.m. and 8:00 a.m. on any particular day.

(f) No person under the age of eighteen (18) years shall be permitted within the premises at any time. The building entrance to an adult business shall be clearly and legibly posted with a notice indicating that persons under eighteen (18) years of age are prohibited from entering the premises.

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

(h) Any adult business that is an "adult arcade" also shall comply with the following provisions:

(1) The interior of the premises shall be configured in such a manner that there is an unobstructed view from an operator's station 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 operator'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 (1) of the operator's stations. The view required in this subsection must be direct line of sight from the operator's station.

(2) No patron is permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted.

(3) No viewing room or booth that has a floor area of less than twenty (20) square feet may be occupied by more than one (1) person at any one (1) time.

(4) The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any two (2) such rooms such as would allow viewing from one (1) booth into another or such as to allow physical contact of any kind between the occupants of any two (2) such booths or rooms.

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

(i) The following additional requirements shall apply to adult businesses that provide live entertainment depicting, showing or exposing specified anatomical areas or involving specified sexual activities:

(1) A performer shall not perform, entertain, dance and/or model for patrons of an adult business except upon a stage at least eighteen (18) inches above the level of the floor which is separated by a distance of at least ten (10) feet from the nearest area occupied by patrons. No patron shall be permitted within ten (10) feet of the stage while the stage is occupied by a performer. A performer shall not perform, entertain, dance and/or model at an adult business at any time closer than ten (10) feet to any patron.

(2) A railing, fence, partition or other barrier at least thirty (30) inches in height shall be maintained in front of the stage or stages that is capable of, and which actually results in, separating the performers on stage and patrons by at least ten (10) feet.

(3) No patron shall directly pay or give any tip or gratuity to any performer, and no performer shall solicit or directly receive any tip or gratuity from any patron at an adult business. This prohibition shall apply at all times on the adult business premises, including during, after and before a performance.

(j) Rest room facilities shall be provided in accordance with applicable state and county laws and regulations. Where adult material is viewed, used or consumed on the premises, the adult business shall provide and maintain separate rest room facilities for males and females. Males shall be prohibited from using the rest room(s) for females, and females shall be prohibited from using the rest room(s) for males, except to carry out duties of repair, maintenance and cleaning of the rest room facilities. The rest rooms shall be free from any adult material. Rest rooms shall not contain television monitors or other motion picture or video viewing, projection, recording or reproduction equipment.

(k) Adult businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards:

(1) Adult businesses featuring live entertainment shall provide at least two (2) security guards at all times while the business is open. If the actual occupancy of the premises exceeds thirty-five (35) patrons, then at least three (3) security guards shall be on duty. If the actual occupancy of the premises exceeds seventy (70) patrons, then at least four (4) security guards shall be on duty. One (1) additional security guard shall be on duty for each additional thirty-five (35) patrons over seventy (70).

(2) Security guards for other adult businesses may be required if it is determined by the director or sheriff that their presence is necessary in order to prevent any of the conduct listed in section 15-118(c)(2) of this article from occurring on the premises.

(3) Security guards shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of these regulations. Each security guard shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state law. No security guard required pursuant to this subsection shall act in any other capacity for the adult business, such as a door person, ticket seller, ticket taker, admittance person, operator, or sole occupant of the establishment, while acting as a security guard.

(Ord. No. 3619, § 4, 7-25-2000)

(a) This section shall apply only to adult business bars.

(b) No waiter, waitress, server or performer on the premises of an adult business bar shall appear in a state of nudity.

(c) No operator or permittee of an adult business bar shall permit or allow any waiter, waitress, server or performer on the premises of the adult business bar to appear in a state of nudity. This subsection (c) shall not apply to a person who is a permittee solely because he or she holds an adult business performer permit.

(d) This section shall not apply to any adult business bar that (i) prior to January 1, 1999, has been adjudicated by a court of competent jurisdiction to be a theater, concert hall or similar establishment primarily devoted to theatrical performances for purposes of Penal Code sections 318.5 and/or 318.6, or (ii) by action of the county has been issued an adult business permit allowing the business to operate on or before July 1, 1998 as a theater, concert hall or similar establishment primarily devoted to theatrical performances for purposes of Penal Code sections 318.5 and/or 318.6.

(Ord. No. 3619, § 4, 7-25-2000)

It shall be unlawful for any permittee or operator to employ or utilize as an independent contractor at an adult business any person who is not at least eighteen (18) years of age. It shall be unlawful for any permittee or operator to permit to enter, or remain within the adult business, any person who is not at least eighteen (18) years of age.

(Ord. No. 3619, § 4, 7-25-2000)

An applicant or permittee shall permit representatives of the county development services, sheriff's, fire and environmental health departments to inspect the premises of an adult business for the purpose of ensuring compliance with its permit, applicable laws, and the development and performance standards applicable to adult businesses, at any time it is open for business. An operator and the adult business permittee shall be in violation of the provisions of this article if he or she refuses to permit such lawful inspection of the premises at any time it is open for business.

(Ord. No. 3619, § 4, 7-25-2000)

(a) The county development services department shall be principally responsible for any investigation and enforcement regarding the land use and zoning restrictions under this article. For all other complaints and enforcement matters under this article, the county sheriff's department shall be principally responsible for the investigation and enforcement.

(b) Any violation of this article may be enforced as follows:

(1) A violation of this article by any person or entity is hereby declared to be a public nuisance. Any adult business, in which the operator and/or adult business permittee commits, allows or permits a violation of this article, is hereby declared to be a public nuisance. Any such public nuisance may be enjoined in the manner provided by law for abatement of public nuisances;

(2) Any violation of this article shall be grounds for suspension or revocation of the adult business permit for the premises;

(3) Any violation of this article by a performer shall be grounds for suspension or revocation of the performer's adult business performer permit; or

(4) Any other remedy provided by law (but not including any criminal remedies or sanctions).

(Ord. No. 3619, § 4, 7-25-2000)

The provisions of this article are not intended to be exclusive, and compliance with this article shall not excuse noncompliance with any other provision of the Butte County Code or other ordinances or regulations pertaining to the operation of businesses as adopted by the board. The owner and operator of an adult business shall comply with all other applicable federal, state and county laws, ordinances and regulations.

(Ord. No. 3619, § 4, 7-25-2000)

All persons who currently operate a business defined as an adult business under this article must apply for and obtain an adult business permit within ten (10) days of the effective date of Ord. No. 3619, except persons operating such a business pursuant to a valid, current adult business permit issued under Ordinance No. 3445 or any extension thereof. Failure to do so and continued operation of an adult business, or the continued live performances by performers in an adult business after such time without a permit, shall constitute a violation of this article. An adult business operating under a valid, current adult business permit issued under Ordinance No. 3445 or any extension thereof shall not be regarded as a nonconforming use subject to amortization and termination pursuant to section 15-127.

(Ord. No. 3619, § 4, 7-25-2000)

(a) General. Any adult business use of real property existing on September 16, 1998 (the effective date of Interim Ordinance No. 3445), that does not conform to the location provisions of this article, but which was constructed, operated and maintained in compliance with all previous ordinances, shall be regarded as a nonconforming use which may be continued for five (5) years after September 16, 1998. On or before the end of such five-year period, all such nonconforming uses shall be terminated unless an extension of time has been approved by the board of supervisors as provided below. Any discontinuance or abandonment of the use of any real property or structure as an adult business during the five-year period shall result in a loss of the legal nonconforming status of such use. The owner or operator of a nonconforming use may apply under the provisions of this section to the board for an extension of time within which to terminate the nonconforming use.

(b) Time and manner of application for extension. An application for an extension of time within which to terminate a nonconforming use may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the clerk of the board of supervisors at least ninety (90) days prior to the time established for termination of such use.

(c) Content of application; fees. The application shall be the same as the adult business permit application and it shall state the grounds for requesting an extension of time. The filing fee for such application shall be in the same amount as the administrative permit fee specified in Butte County Code section 3-43, subsection 17.

(d) Hearing procedure. The hearing and appeal procedure shall be the same as specified for a permit revocation/suspension proceeding in sections 15-118(b) and 15-119.

(e) Approval of extension; findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the board makes all of the following findings or such other findings as are required by law:

(1) The applicant has made a substantial investment in the property or structure on or in which the nonconforming adult business use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to September 16, 1998;

(2) The applicant will be unable to recoup said investment as of the date established for termination of the use; and

(3) The applicant made good faith efforts to recoup said investment and to relocate the use to a location in conformance with this article.

(Ord. No. 3619, § 4, 7-25-2000)

The board of supervisors finds that this article is enacted in order to mitigate the threat posed to the public peace, health and safety by adult businesses. In this regard, the findings set forth in section 2 of this Ordinance [No. 3619] are incorporated herein by reference. This article either provides for the amendment of existing regulations applicable to adult businesses or provides for zoning regulations, performance and operation standards, and permitting requirements that are specifically applicable to adult business uses. Such uses are already allowed under the county's existing zoning regulations. This article merely provides additional regulation of such uses. The board finds that it can be seen with certainty that there is no possibility that this article may have a significant adverse effect on the environment, and therefore the adoption and implementation of this article is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15061(b)(3).

(Ord. No. 3619, § 13, 7-25-2000)