California City Municipal Code Div. 5 Enforcement

(a) The following additional criminal provisions shall also apply to sexually oriented businesses in addition to the criminal provisions found at other sections of this Article.

(b) It shall be unlawful and a person commits a misdemeanor who operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for the business under this Article, and said person knows or should know that:

(1) The business does not have a sexually oriented business permit under this Article for any applicable classification;

(2) The business has a permit which is under suspension;

(3) The business has a permit which has been revoked; or

(4) The business has a permit which has expired.

(a) It is a defense to prosecution for any violation of this Article that a person appearing in a state of nudity did so in a modeling class operated:

(1) By a college, junior college, or university supported entirely or partly by taxation;

(2) 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

(3) In a structure:

(i) 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

(ii) Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class; and

(iii) Where no more than one (1) nude model is on the premises at any one time.

(b) It is a defense to prosecution for a violation of this Article that an employee of a sexually oriented business, regardless of whether or not it is permitted under this Article, exposed any specified anatomical area during the employee's bona fide use of a restroom, or during the employee's bona fide use of a dressing room which is accessible only to employees.

(a) In addition to whatever penalties are applicable under the Penal Code, if any person fails or refuses to obey or comply with or violates any of the criminal provisions of this Article, such person upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $500.00 or by imprisonment not to exceed sixty (60) days, or both, in the discretion of the Court. Each violation or non-compliance shall be considered a separate and distinct offense. Further, each day of continued violation or non-compliance shall be considered as a separate offense.

(b) Nothing herein contained shall prevent or restrict the City from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages.

(c) Further, nothing in this Section shall be construed to prohibit the City from prosecuting any violation of this Article by means of a Code Enforcement Board established pursuant to the authority as provided by the laws of the City.

(d) All remedies and penalties provided for in this Section shall be cumulative and independently available to the City and the City shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law.

(a) The City Manager and designee, the California City Police Department and all other departments, and all other City officers, agents and employees, charged with enforcement of State and local laws and codes shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon a sexually oriented business while acting within the scope of authority conferred by this Article.

(b) It is unlawful for anyone to distribute, for commercial purposes, sell or offer for sale any device, instrument or paraphernalia designed or marketed primarily for stimulation of human genital organs or for sado-masochistic use or abuse of themselves or others.

(c) Such devices, instruments or paraphernalia include but are not limited to; phallic shaped vibrators, dildos, muzzles, whips, chains, bather restraints, racks, non-medical enema kits, body piercing implements (excluding earrings or other decorative jewelry) or other tools of sado-masochistic abuse.

(d) A violation of this section is a misdemeanor punishable by a fine of up to $1000.00 and six (6) months incarceration or both.