Camarillo Municipal Code Ch. 19.64 Regulation of Sexually Oriented Businesses

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* Prior history: Prior code §§ 9604, 9604.1, 9604.2 and 9604.3. Ords. 403,493 and 824.

A. The purpose of the city council in enacting this chapter is to regulate sexually oriented businesses which, unless closely regulated, will have serious adverse secondary effects on the community, which include, but are not limited to, the following:

1. Depreciation of property values and an increase in vacancies in residential and commercial areas located adjacent to sexually oriented businesses; and

2. Interference with the peaceful use and possession by property owners of their property when such properties are located in the vicinity of sexually oriented businesses; and

3. Increases in litter, noise and vandalism resulting from the operation of sexually oriented businesses; and

4. Higher crime rates in the vicinity of sexually oriented businesses; and

5. Great impacts upon city supplied public safety services; and

6. Blighting conditions, including lowered maintenance levels of buildings and structures located on a lot upon which a sexually oriented business is located.

B. The special regulation of sexually oriented businesses, as set forth in this chapter is necessary to prevent or mitigate adverse secondary effects arising out of the operation of sexually oriented businesses.

C. The provisions of this chapter shall not be construed or interpreted to impose limitations or restrictions on the content of any constitutionally protected communicative activity or material, nor to restrict or deny access by adults to such activities or materials.

D. The provisions of this chapter shall not be interpreted to authorize, legalize or permit the establishment, operation or maintenance of any business, building, structure, use or activity in violation of any applicable law.

(Ord. 851 § 2 (part), 1996.)

The definitions contained in Chapter 19.04 shall be applied to the provisions of this chapter, unless it is clearly apparent from the context that another meaning is intended.

(Ord. 851 § 2 (part), 1996.)

Notwithstanding any other provision of this code to the contrary, subject to compliance with the provisions of this chapter, including, but not limited to, the zoning regulations applicable to zones L-M, M-1 and M-2, sexually oriented businesses shall be permitted as uses on lots classified in the L-M, M-1 and M-2 zones.

(Ord. 851 § 2 (part), 1996.)

A. Sexually oriented businesses shall observe the following locational requirements:

1. A sexually oriented business shall not be located within five hundred feet of another sexually oriented business; and

2. A sexually oriented business shall not be located within five hundred feet of a lot which is zoned in any of the residential zones; and

3. A sexually oriented business shall not be located within one thousand feet of an educational institution; and

4. A sexually oriented business shall not be located within one thousand feet of a church; and

5. A sexually oriented business shall not be located within one thousand feet of a public park and/or recreation facility.

B. The distances set forth above shall be measured from the building which houses a sexually oriented business on a lot or is proposed to be located, to the closest point on a lot line of a lot upon which is located on educational institution, a church, a park, a residentially zoned and used lot, or a sexually oriented business.

(Ord. 851 § 2 (part), 1996.)

A. Fire Regulations. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and utilized in accordance with the provisions of the code.

B. Observation Outside of Building. No sexually oriented business shall be operated in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any location outside the building housing a sexually oriented business. This provision shall apply to any display, decoration, sign, show window or other opening.

C. Lighting. Off-Street Parking. Lighting shall be required which is designed to illuminate all off-street parking areas serving a sexually oriented business for the purpose of increasing the personal safety of patrons and reducing the incidents of vandalism and theft. Said lighting shall be shown on a plot plan which shall be submitted to the director for review and approval.

D. Lighting Interior. Except as otherwise required by law for sexually oriented theaters, and sexually oriented arcades, with regard to sexually oriented businesses providing live entertainment, all areas of each sexually oriented business accessible to patrons shall be illuminated at least to the extent of twenty foot-candles, minimally maintained and evenly distributed at ground level.

E. Illumination. It shall be the duty of the owner(s) and/or operators and all employees of a sexually oriented business to ensure that the illumination of the interior of the building housing a sexually oriented business required pursuant to this chapter is maintained in compliance herewith at all times when such sexually oriented business is open for business.

F. Sound Equipment. No loudspeakers or sound equipment shall be used by a sexually oriented business for the amplification of sound to a level discernible by any person outside of the building in which such use is conducted.

G. Minors. Signage. Each entrance to a building housing a sexually oriented business shall be clearly and legibly posted with a notice indicating that minors are not allowed to enter or be on the premises. Said notice shall be constructed and posted at locations designated by the director.

H. Location in Buildings. Each sexually oriented business shall be located in a building.

I. Special Events. No sexually oriented business shall conduct or sponsor any special events, promotions, festivals, concerts or similar activities which would increase the demand for parking spaces beyond the approved number of spaces for such business.

J. Prohibited Activities. No sexually oriented business shall conduct or offer any massage, acupuncture, tattooing, acupressure or escort services and shall not allow such activities on the premises.

K. Security. Any sexually oriented business which allows customers to remain on the premises while viewing any live, filmed or recorded material shall conform to the following requirements:

1. Security. At least one security guard who shall be on duty primarily outside the building(s) which house the sexually oriented business who shall patrol the grounds and parking areas, at all times while the business is open. The security guard shall also periodically patrol the interior of such building(s), and shall be available to assist the manager in controlling activities of patrons of the sexually oriented business. If the occupancy limit of the building which houses the sexually oriented business is greater than fifty persons, an additional security guard shall be on duty at all times when the sexually oriented business is open for business. The security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this chapter, and notifying the city police department and code enforcement department of any violations of law observed. Any security guard required by this subsection shall be uniformed in such 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 and/or local law. No security guard required pursuant to this subsection shall act as a doorperson, ticket seller, ticket taker, admittance person or in any other activity which is not directly related to security activities while acting as a security guard hereunder.

2. Noise. The building housing a sexually oriented business shall provide sufficient sound absorbing insulation so that noise generated inside the building 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.

3. Windows. No exterior door or window in a building housing a sexually oriented business shall be propped or kept open at any time while such sexually oriented business is open for business. All exterior windows in such a building shall be covered with opaque view obscuring material subject to approval of the director, at all times.

4. Interior Screening. Permanent barriers shall be installed and maintained to screen the interior of a building housing a sexually oriented business from public view at each door used as an entrance/exit to such building.

L. Interior Viewing Required. All indoor areas of a building housing a sexually oriented business where patrons are permitted, except for restrooms shall be open to view from within such building at all times.

M. Exterior Viewing Prohibited. No sexually oriented material shall be displayed in such a manner as to be visible outside of a building housing a sexually oriented business.

N. Minors Prohibited. No minor shall be permitted within a sexually oriented business at any time.

O. Restroom Facilities. Each sexually oriented business shall provide and maintain separate restroom facilities for male patrons and employees and for 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 for employees of such businesses while carrying out duties of repair, maintenance and cleaning of the restroom facilities. No sexually oriented material shall be displayed or stored in restrooms. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The provisions of this subsection requiring restroom facilities shall not be applicable to a sexually oriented business which deals exclusively with sale or rental of sexually oriented material which is not used, viewed or consumed on the premises.

P. Hours of Operation. Sexually oriented businesses shall be open for business or operating only during the hours of eight a.m. through ten p.m. on Sundays through Thursdays; and from ten a.m. to midnight on Fridays and Saturdays.

Q. Plan. A diagram shall be submitted by the owner or operator of each sexually oriented business of the premises for approval by the director, which shall show thereon the specific location of at least one manager station; the location of all overhead lighting fixtures; and designating each 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 with no dimension greater than eight feet. No alteration in the configuration or location of a manager's station(s) as shown on a plan as filed may be made without the prior approval of the director. No retail sales, or other nonoffice activities shall be permitted in a manager's station.

R. Presence of Employees. It shall be the duty of the owner or operator of each sexually oriented arcade to ensure that at least one employee is physically present and on duty at each manager's station shown on the plan as approved, at all times during which the sexually oriented arcade is open for business.

S. Configuration of Interiors. The interior of each sexually oriented arcade shall be configured in such a manner so that there is an unobstructed view from a manager's station to every area of the sexually oriented arcade to which any patron is permitted access for any purpose, excluding restrooms. The unobstructed view requirement of this subsection will only be met by a direct line of sight from the manager's station to all such public accessible areas.

T. Individual Viewing Area. No individual viewing area may be occupied by more than one person at any one time.

U. Live Entertainment Regulations. Where live entertainment is permitted as an activity conducted by a sexually oriented business:

1. The live entertainment shall only be conducted upon a stage at least eighteen inches above the level of the floor which stage is separated by a distance of at least six feet from the nearest area occupied by patrons, and fixed rail(s) at least thirty inches in height shall be maintained at a sexually oriented business offering live entertainment establishing the separations between entertainers and patrons. No patron shall be permitted within six feet of a stage while the stage is occupied by an entertainer; and

2. Each sexually oriented business permitted to provide live entertainment shall provide and maintain access for entertainers between the stage and dressing and restroom facilities which are completely separated from areas in which patrons are allowed, so as to prevent physical contact between patrons and entertainers; and

3. No entertainer at a sexually oriented business shall have any physical contact with any patron and no patron of a sexually oriented business shall have any physical contact with any entertainer while on the premises where the sexually oriented business is located; and

4. Each sexually oriented business which provides live entertainment, shall maintain separate dressing room and restroom facilities for entertainers in which members of the public shall not be permitted.

V. Sale of Alcoholic Beverages. It is unlawful to sell, serve or permit the consumption of any alcohol beverage in a building housing a sexually oriented business.

W. Persons under the Influence. It is unlawful for any person under the influence of alcohol or controlled substance to enter or remain on the premises of a sexually oriented business at any time. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of each sexually oriented business.

(Ord. 851 § 2 (part), 1996.)

Compliance with the regulations set forth in this chapter shall not excuse noncompliance with any other applicable laws or regulations pertaining to the operation of sexually oriented businesses, including, but not limited to, the zoning regulations applicable to the lot upon which the sexually oriented business is located.

(Ord. 851 § 2 (part), 1996.)

Any firm, corporation or person, whether principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this chapter 19.64, shall be guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. Any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is committed or continued.

(Ord. 851 § 2 (part), 1996.)

In addition to the penalties set forth at Section 19.64.070 et seq., of this chapter, any sexually oriented business which is operating in violation of any provision of this chapter, is declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation, by any lawful proceeding, administrative, or judicial in nature.

(Ord. 851 § 2 (part), 1996.)

Each sexually oriented business shall comply with the provisions of this chapter, and every other applicable law, including, but not limited to, provisions of this code.

(Ord. 851 § 2 (part), 1996.)

A. Application of Section. Any commercial enterprise located in the city which offers sexually oriented materials for sale shall not be deemed to be a sexually oriented business within the meaning of Chapter 19.64 of the official zoning ordinance of the city, if:

1. The area used for the display of sexually oriented materials offered for sale equals twenty-four percent or less of the total display area of the commercial establishment; and

2. Twenty-four percent or less of the gross receipts of the commercial establishment are derived from the sale of sexually oriented materials.

B. Covering Required. A commercial establishment described in subsection A of this Section 19.64.100, which offers for sale sexually oriented materials shall display such sexually oriented materials with a covering which conceals from the view of minors, the content, including the cover, of all such sexually oriented materials, provided that the trade name of the sexually oriented material may be printed on the covering.

C. Employee Assistance. Any person who owns, conducts, operates or manages any commercial establishment which offers sexually oriented materials for sale shall store or display such sexually oriented materials only in an area which is not accessible to members of the public without assistance of an employee of the commercial establishment.

(Ord. 851 § 2 (part), 1996.)

A. Application of Section. Any person who has made an application pursuant to this chapter for the purpose of conducting a sexually oriented business regulated by this chapter, whose application has been denied for any reason, or any interested person who is aggrieved by a decision granting or denying an application shall have the right to administrative and judicial appeals in accordance with the provisions of this Section.

B. Action of Director.

1. The director of planning and community development of the city shall within a period of five working days after the filing of an application issue a decision approving or disapproving such application. The director shall disapprove an application if he finds that the same does not meet the requirements of this chapter. In such case, the director's decision shall contain a brief statement indicating how and in what manner the application and/or the proposed usage does not comply with this chapter. If the director finds that the application complies with the provisions of this chapter, he shall render a decision approving the application.

2. The director shall give notice of the decision not more than two business days after rendering the decision. Such notices shall be given to the applicant and to any person who has requested such notice.

3. The decision of the director shall become final and conclusive on the tenth consecutive day after the giving of notice by the director of the decision. The director's decision shall be stayed by the timely filing of an appeal pursuant to the provisions of this section.

C. Right to Administrative Appeal. Any person who is aggrieved by a decision of the director with respect to an application shall have the right of administrative appeal pursuant to the provisions of this section.

D. Administrative Appeal to Planning Commission. Within ten consecutive days following the giving of a notice of the director's decision relating to an application, the applicant or any other interested person who is aggrieved by such decision, may file a written appeal with the secretary of the planning commission appealing the director's decision to the commission. Such an appeal shall include a statement of the grounds for such appeal and shall be accompanied by a filing and processing fee in an amount set by the resolution of the city council.

E. Action on Administrative Appeal. The secretary upon receipt of a timely filed appeal from director's decision and evidence of the payment of the filing and processing fee, shall, within five business days after the timely filing of an appeal, cause to be prepared and delivered to the commission, the appealing party and any person requesting the same, a complete transcript of the proceeding which led to the director's decision on the application. The secretary shall set the matter for a de novo appeal hearing before the commission, at its next most convenient meeting, not later than twenty (20) days following the filing of the appeal. The secretary shall give not less than ten days' written notice of the time and place of the de novo appeal hearing before the commission, to the applicant, the appealing party and any other party who requests such notice.

F. Action by Commission Hearing.

1. At the time and place of a hearing on an administrative appeal, the commission shall permit any interested person to present relevant reliable evidence relating to the issues involved in the de novo appeal hearing. The commission shall not be bound by the strict rules of evidence applicable to a judicial action; provided that the commission shall follow the substance of such rules so that the matter is determined based upon reliable, competent, relevant evidence. The commission shall, based upon the evidence presented, within fifteen calendar days following the close of the hearing, determine the matter based the evidence so presented. The commission shall approve the application if the evidence demonstrates that the use proposed by the application, if permitted, would meet all of the requirements of the chapter. The commission shall deny the application if it finds that the use proposed by the application would not comply with the provisions of this chapter. The secretary within two working days following the commission's decision, shall give notice of the commission's decision to the applicant, the appealing party and other person who has requested such notice.

2. The commission's decision shall be final and conclusive in the absence of the filing of a timely appeal as provided in this section.

G. Administration Appeal to City Council. Any person aggrieved by a decision of the planning commission on an application, may file a written appeal, appealing its decision to the city council. No such appeal shall be accepted or be valid for any purpose unless it is filed with the city clerk within ten days following the giving of notice of the commission's decision, and is accompanied by the filing and processing fee in an amount set by a city council resolution. Any such appeal shall contain a brief statement of the grounds for such an appeal. The commission's decision shall be stayed upon the timely filing of an appeal.

H. Action by City Council.

1. Upon receipt of a written appeal, appealing the planning commission's decision to the city council, the city clerk shall, within two business days after the filing of such appeal set the matter for a hearing before the city council at its next most convenient meeting, not more than twenty consecutive calendar days from and after the filing of an appeal. The city clerk shall cause to be prepared the complete transcript of the proceedings before the director and the planning commission and shall transmit the same together with applicable staff reports to the city council prior to the time set for hearing. In addition, a copy of such transcript shall be made available to the applicant, the appealing party and any other interested person requesting the same.

2. At the time set for the hearing, the city council shall consider the appeal based exclusively upon the transcript. The applicant, the appealing party and/or any other interested person may submit to the city council written arguments in favor of, or in opposition to, the decision made by the planning commission. No additional evidence shall be accepted by the city council unless there is a showing by the person offering such evidence, that such evidence was not reasonably available at the time of the planning commission hearing in the exercise of due diligence by the person offering the same. Any interested person shall have the opportunity to point out, in writing to the city council any perceived defect or omission in the transcript as prepared. If warranted, the city council may direct the preparation of such additional material as may have been omitted or inaccurately stated in the transcript. The city council may, for that purpose only, continue the hearing to its next regular meeting. If the city council determines that the use proposed by the application would meet the requirements of this chapter, it shall approve the application. If it finds that the proposed use would not comply with the provisions of this chapter, it shall disapprove the application. The city council's decision concerning such an appeal shall be final and conclusive unless a written demand is made for judicial arbitration pursuant to this section.

3. The city clerk shall, within two calendar days following the council action, give notice of the city council's decision to the applicant, the appealing party and to any other person requesting such notice.

I. Judicial Arbitration. Any person aggrieved by the decision of the city council with respect to an application shall have the right to demand judicial arbitration as provided in this section. Any such demand for judicial arbitration shall be made within ten calendar days following the giving of notice of the city council's decision on an appeal. Any such demand for judicial arbitration shall contain a statement of reasons as to why the city council's action was not appropriate or was erroneous. Any such appeal shall be accompanied by a filing and processing fee in an amount set by city council resolution. The city clerk shall, within two consecutive working days following the filing of such a demand, shall give notice to the appealing party, the applicant and any other person requesting the same, of the time and place of the judicial arbitration.

J. Judicial Arbitration.

1. Upon receipt of a demand for judicial arbitration, the city manager of city shall prepare and submit to the party, demanding judicial arbitration, a list containing the names of three retired superior court judges. The names of the judges on the list shall be numbered consecutively.

2. The demanding party, within ten calendar days after service of the list, shall either:

a. Select one of the named retired judges to act as the judicial arbitrator, in which case that retired judge shall serve in that capacity; or

b. Strike one name from the list and return the list to the city manager.

3. Upon expiration of such ten-day period, if the demanding party does not strike a name, the judicial arbitrator shall be the retired judge on the list with the lowest number next to his or her name.

4. If the demanding party strikes a name from the list the city manager of city may strike the name of any retired judge whose name remains on the list. The retired judge whose name remains on the list shall be designated as the judicial arbitrator. If the city manager does not strike a name from the list, the city manager shall resubmit the list to the demanding party and that party may strike one name from the list. If the demanding party strikes a name from the list, the remaining named retired judge shall serve as the judicial arbitrator. If the demanding party does not strike a name from the list, then the retired judge whose name appears on the list with the lowest number next to his or her name shall act in the capacity as judicial arbitrator.

5. If, for any reason, the designated retired judge is unwilling or unable to serve as the judicial arbitrator, the judge on the list with the next lower number whose name was not stricken shall be the judicial arbitrator. In the event that none of the three retired judges named on a list are willing or able to serve as the judicial arbitrator, the city manager shall prepare and submit a new list containing the names of three different retired judges, and the above described procedure shall be followed until a judicial arbitrator is selected.

6. The demanding party and the city shall each pay one-half of the compensation to be paid to the judicial arbitrator, and except as otherwise expressly provided herein, each party shall bear its own costs and expenses of arbitration, including, but not limited to, attorneys' fees and related costs.

7. By way of illustration, if the list served by the city manager, upon the demanding party, has the names of three retired judges, A, B and C, numbered 1, 2 and 3, respectively; and numbers 1 and 2 are stricken, then C, number 3, shall be deemed, for all purposes, to be the designated judicial arbitrator.

8. The judicial arbitrator shall, in conducting the hearing, follow the rules of procedure applicable to a mandamus proceeding under Section 1085 or 1094.5 of the Code of Civil Procedure.

9. If the judicial arbitrator finds that the use proposed by the application would comply with the provisions of this chapter, he or she shall order city to approve the application. If the judicial arbitrator finds that the use proposed would not comply with provisions of this chapter, he or she shall order the city to disapprove the application.

10. The judicial arbitrator shall render a decision resolving all issues presented by the appeal within ten consecutive calendar days following the close of the hearing. The judicial arbitrator's decision shall include a statement of the relevant facts and the conclusion of the judicial arbitrator based upon the facts so adduced.

11. The decision of the arbitrator shall be final and conclusive.

K. Alternative Method of Judicial Review. Any person who has standing to seek judicial review of an action taken by the city with respect to the permitting process applicable to a sexually oriented business pursuant to this section may seek such review pursuant to the provisions of that section or, in the discretion of the person seeking such review, pursuant to the provisions of Section 1094.8 of the Code of Civil Procedure.

(Ord. 930 § 1, 1999; Ord. 919 § 2, 1999.)