Campbell Municipal Code Ch. 5.55 Sexually Oriented Businesses Regulations

It is the purpose of this chapter to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the first amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this ordinance to condone or legitimize the distribution of obscene material.

(Ord. 2106 § 4 (Exh. C)(part), 2008).

For the purpose of this chapter the words and phrases shall have the same meanings respectively ascribed to them by this section:

"Applicant" means a person who is required to file an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of a sexually oriented business.

"Church" is a structure that is used primarily for religious worship and related religious activities.

"Distinguished or characterized by an emphasis upon" means and refer 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. City of Covina, 115 Cal.App.3 151 (1981).

"Erotic device" means products that are replicas of, or which simulate "specified anatomical areas," or goods designed or reasonably intended to be placed on or in "specified anatomical areas" or reasonably intended to be used in conjunction with "specified sexual activities," including but are not limited to, devices that are physical representations of the human genital organs, and devices with non-sex related utility being marketed or offered for sale or rent in a manner promoting sexual or sadomasochistic uses, including, but not limited to, leather whips, straps, harnesses, restraints and ligatures. Notwithstanding the foregoing definition, the following items are expressly excluded from the definition of "erotic device": (1) devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy; (2) candles and incense; (3) body oils, creams and lotions; (4) lingerie, stockings and undergarments or articles of clothing; (5) massage devices that are not replicas of human genital organs; (6) health care or personal hygiene products; and (7) food products.

"Figure model" means any person who, for pecuniary compensation, consideration, hire or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed or otherwise depicted.

"Health officer" means the health officer of the city of Campbell or his or her duly authorized representative.

"Nudity or a state of nudity" means the showing of the human 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.

"Operate a sexually oriented business" means the supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of a sexually oriented business or activities within a sexually oriented business.

"Permittee" means the person to whom a sexually oriented business permit is issued.

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

"Police chief" means the police chief of the city of Campbell or the authorized representatives thereof.

"Regularly features" with respect to a sexually oriented theater or sexually oriented cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a thirty-day period; three or more occasions within a sixty-day period; or four 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.

"School" is 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, 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.

"Semi-nude" means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

"Sexually oriented businesses" means any one of the following:

(1) "Sexually oriented arcade" is an establishment where, for any form of consideration, one or more still or motion picture projectors, computers or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(2) "Sexually oriented bookstore" is an establishment that has thirty percent or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, CDs, DVDs, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.

(3) "Sexually oriented cabaret" means a nightclub, restaurant, or similar business establishment which: (A) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (B) which regularly features persons who appear semi-nude; and/or (C) shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(4) "Sexually oriented hotel/motel" means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which: (A) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (B) 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) "Sexually oriented motion picture theater" is a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(6) "Sexually oriented retail" means an establishment, business or concern which sells, rents, displays, exhibits or offers for sale any "erotic device," as that term is defined in this section.

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

(8) "Modeling studio" means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure 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 schools maintained pursuant to standards set by the State Board of Education. "Modeling studio" further does not include 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 "specified sexual activities."

"Sexually oriented business operator (hereinafter "operator")" means a person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of a sexually oriented business or the conduct or activities occurring on the premises thereof.

"Specified anatomical areas" means and include any of the following: less than completely and opaquely covered human:

(1) Genitals or pubic region;

(2) Buttocks; and

(3) Female breast below a point immediately above the top of the areola.

"Specified sexual activities" means and include 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;

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

(Ord. 2106 § 4 (Exh. C)(part), 2008).

(Ord. No. 2250, § 9, 9-3-2019)

It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city of Campbell, the operation of a sexually oriented business unless the person first obtains and continues to maintain in full force and effect a permit from the city of Campbell as herein required. (Sexually oriented business permit).

(Ord. 2106 § 4 (Exh. C)(part), 2008).

Every person who proposes to establish, maintain, operate or conduct a sexually oriented business in the city of Campbell shall file an application with the police chief upon a form provided by the city of Campbell and shall pay a filing fee, as established by resolution adopted by the city council from time to time, which shall not be refundable.

(Ord. 2106 § 4 (Exh. C)(part), 2008).

(a) Sexually oriented business permits are nontransferable, except in accordance with Section 5.55.080. Therefore, all applications shall include the following information:

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

(2) If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.

(3) 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.

(b) 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 percent or greater interest in the business entity shall sign the application.

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

(d) A description of the type of sexually oriented business for which the permit is requested and the proposed address where the sexually oriented business will operate, plus the names and addresses of the owners and lessors of the sexually oriented business site.

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

(f) The names of all employees, independent contractors, and other persons who will work at the sexually oriented business.

(g) A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the sexually oriented business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

(h) A certificate and straight-line drawing prepared within thirty days prior to application depicting the building and the portion thereof to be occupied by the sexually oriented business, and: (1) the property line of any other sexually oriented business within three hundred feet of the primary entrance of the sexually oriented business for which a permit is requested; and (2) the property lines of any church, school, park, residential zone or use within three hundred feet of the primary entrance of the sexually oriented business.

(i) A diagram of the off-street parking areas and premises entries of the sexually oriented business showing the location of the lighting system required by Section 5.55.050(c).

(j) If the police chief determines that the applicant has completed the application improperly, or otherwise deems the application to be incomplete, the police chief shall, within ten days of receipt of the original application, notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time of ten days or less to submit a complete application. In addition, the applicant may request an extension, not to exceed ten days, of the time for the police chief to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.

(k) The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining a sexually oriented business regulatory permit.

(Ord. 2106 § 4 (Exh. C)(part), 2008).

(Ord. No. 2250, § 10, 9-3-2019)

(a) Within ten days of receiving an application for a sexually oriented business, the police chief shall mail notice to the owners of all parcels of real property located within three hundred feet of the boundaries of the parcel on which the sexually oriented business is proposed. The notices shall be mailed to the owners at the addresses shown on the most recent equalized assessment role of the Santa Clara County Assessor's Office.

(b) The notice required by this section shall be in substantially the following form:

NOTICE OF APPLICATION FOR SEXUALLY-ORIENTED BUSINESS

Date of Mailing: ________

The City of Campbell has received an application to operate a Sexually-Oriented Business at ___________(address),

Due to court decisions of the State and Federal Courts, the City cannot absolutely prohibit sexually-oriented arcades, bookstores, cabarets, hotel/motels, theaters and motion picture theaters, or modeling studios.

The chief of police can deny an application for a sexually-oriented business if:

(1) 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 a sexually oriented business permit;

(2) The proposed business is not located in an M-1 (Light Industrial) zoning district;

(3) The proposed business would be located within three hundred feet from any existing schools for minors, churches or religious institutions, parks, and residentially zoned districts or uses;

(4) The proposed business would be located within three hundred feet of any other sexually oriented business;

(5) The applicant is under eighteen years of age; or

(6) The proper application fee has not been paid.

If you have any questions, you should contact the Campbell police department within ten days from the mailing of this notice at ________ (telephone number), ________ (e-mail address), or by mail at:

Campbell Police Department

70 N. First Street

Campbell, California 95008

Re: Sexually-Oriented Business Application.

(c) The police chief shall not take any action on the application until ten days have expired following the mailing of the notice required by this section.

(d) Failure of an owner to receive the notice required by this section shall not affect or invalidate any action taken under this chapter.

(e) The noticing requirements of this section shall not apply to the renewal of a permit for an existing sexually oriented business.

(Ord. 2106 § 4 (Exh. C)(part), 2008).

(Ord. No. 2250, § 11, 9-3-2019)

(a) Upon receipt of a completed application and payment of the application and permit fees, the police chief shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the applicant shall be issued a sexually oriented business permit.

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

(1) The police chief shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

(2) If the application is denied, the police chief shall attach to the application a statement of the reasons for denial.

(3) If the application is granted, the police chief shall attach to the application a sexually oriented business permit.

(4) The application as granted or denied and the permit, if any, 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 police chief shall grant the application and issue the sexually oriented business permit upon findings that the proposed business meets the locational criteria of Section 21.36.205 (B); unless the application is denied for one or more of the reasons set forth in Section 5.55.070.

(d) If the police chief neither grants nor denies the application within thirty days after it is stamped as received (except as provided in Section 5.55.050(j), the applicant may begin operating the sexually oriented business for which the permit was sought, subject to strict compliance with the requirements of this code.

(Ord. 2106 § 4 (Exh. C)(part), 2008).

(Ord. No. 2127, § 1, 12-1-2009)

The police chief shall deny the application for any of the following reasons:

(a) 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 a sexually oriented business permit.

(b) An applicant is under eighteen years of age.

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

(d) The sexually oriented business does not comply with the zoning ordinance locational standards, Sections 21.36.205 (B) through (D).

Each sexually oriented business permit shall expire one year from the date of issuance, and may be renewed only by filing with the police chief a written request for renewal, accompanied by the annual permit fee and a copy of the permit to be renewed. The request for renewal shall be made at least thirty days before the expiration date of the permit. When made less than thirty days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided herein for action upon applications for permits.

(Ord. 2106 § 4 (Exh. C)(part), 2008).

(Ord. No. 2127, § 1, 12-1-2009; Ord. No. 2250, § 12, 9-3-2019)

(a) A permittee shall not operate a sexually oriented business under the authority of a sexually oriented business permit at any place other than the address of the sexually oriented business stated in the application for the permit.

(b) A permittee shall not transfer ownership or control of a sexually oriented business or transfer a sexually oriented business permit to another person unless and until the transferee obtains an amendment to the permit from the police chief stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the police chief in accordance with Sections 5.55.040 and 5.55.050, accompanies the application with a transfer fee in an amount set by resolution of the city council, and the police chief determines in accordance with Section 5.55.060 that the transferee would be entitled to the issuance of an original permit.

(c) No permit may be transferred when the police chief has notified the permittee that the permit has been or may be suspended or revoked.

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

(Ord. 2106 § 4 (Exh. C)(part), 2008).

(a) As a further condition of approval of every sexually oriented business permit issued pursuant to this chapter, every owner or operator shall register every employee with the police department within five business days of the commencement of the employee's period of employment at the sexually oriented business.

(b) Each employee shall be required to provide two recent color passport-quality photographs and, at the discretion of the police chief, shall allow himself or herself to be fingerprinted by the police department for purposes of identification. In addition, each new employee shall provide the following information on a form provided by the police department:

(1) Name, current resident address, telephone number;

(2) Date of birth;

(3) Height, weight, color of eyes and hair;

(4) Stage name (if applicable) and other aliases used within the previous two years.

(c) The information provided for purposes of this section shall be maintained by the police department as confidential information, and shall not be disclosed as public records unless pursuant to subpoena issued by a court of competent jurisdiction.

(d) Each owner or operator of a sexually oriented business shall maintain a current register of the names of all employees currently employed by the sexually oriented business, and shall disclose such registration for inspection by any police officer for purposes of determining compliance with the requirements of this section.

(e) Failure to register each new employee within five days of the commencement of employment or to maintain a current register of the names of all employees shall be deemed a violation of the conditions of the permit and may be considered grounds for suspension or revocation of the permit.

(Ord. 2106 § 4 (Exh. C)(part), 2008).

(Ord. No. 2250, §§ 13, 14, 9-3-2019)

A sexually oriented business permit may be suspended or revoked in accordance with the procedures and standards of this section.

(a) On determining that grounds for permit revocation exist, the police chief 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 code sections, and a brief statement of the factual matters in support thereof. 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 days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the police chief, but at a minimum shall include the following:

(1) 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. The police chief's decision may be appealed in accordance with Section 5.55.110.

(b) A permittee may be subject to suspension or revocation of his permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee, or an employee, agent, partner, director, stockholder, or manager of a sexually oriented business:

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

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

(A) Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation,

(B) Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur,

(C) Any conduct constituting a criminal offense that requires registration under Section 290 of the California Penal Code,

(D) The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, or 318 or Subdivision b of Section 647 of the California Penal Code,

(E) Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 through 313.4,

(F) Any conduct prohibited by this chapter;

(3) Failure to abide by any disciplinary action previously imposed by an appropriate city official.

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

(1) A warning;

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

(3) Revocation of the permit.

(Ord. 2106 § 4 (Exh. C)(part), 2008).

After denial of an application for a sexually oriented business regulatory permit, or after denial of renewal of a permit, or suspension or revocation of a permit, the applicant or person to whom the permit was granted may seek prompt judicial review of such administrative action pursuant to California Code of Civil Procedure Section 1094.8. The city shall make all reasonable efforts to expedite judicial review.

(Ord. 2106 § 4 (Exh. C)(part), 2008).

(a) Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the fire department and building regulations and standards adopted by the city of Campbell.

(b) No sexually oriented business shall be operated in any manner that permits the observation of any material or activities depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas" from any public way or from any location outside the building or area of such establishment. This provision 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 area and premise entries of the sexually oriented 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 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 sexually oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.

(d) The premises within which the sexually oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said 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.

(e) A sexually oriented business shall be open for business only between the hours of eight a.m. and midnight on any particular day.

(g) The building entrance to a sexually oriented business shall be clearly and legibly posted with a notice indicating that persons under eighteen years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the community development director or designee. No person under the age of eighteen years shall be permitted within the premises at any time.

(h) All indoor areas of the sexually oriented business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.

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

(2) The view area specified in subsection (i)(5) of this section shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. No patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.

(3) No viewing room may be occupied by more than one person at any one 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 such rooms such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two such booths or rooms.

(5) Customers, patrons or visitors shall not be allowed to stand idly by in the vicinity of any such video booths, or from remaining in the common area of such business, other than the restrooms, who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.

(6) The floors, seats, walls and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booths shall be evidence of improper maintenance and inadequate sanitary controls; repeated instances of such conditions may justify suspension or revocation of the owner and operator's license to conduct the sexually oriented establishment.

(j) All areas of the sexually oriented business shall be illuminated at a minimum of the following footcandles, minimally maintained and evenly distributed at ground level:

(k) The sexually oriented business shall provide and maintain separate rest room facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the rest room(s) for females, and female patrons and employees 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 sexually oriented material. Rest rooms 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 a sexually oriented business which deals exclusively with sale or rental of sexually oriented material which is not used or consumed on the premises, such as a sexually oriented bookstore or sexually oriented video store, and which does not provide rest room facilities to its patrons or the general public.

(l) The following additional requirements shall pertain to sexually oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities, except for businesses regulated by the alcoholic beverage control commission:

(1) No person shall perform live entertainment for patrons of a sexually oriented business except upon a stage at least eighteen inches above the level of the floor which is separated by a distance of at least ten feet from the nearest area occupied by patrons, and no patron shall be permitted within ten feet of the stage while the stage is occupied by an entertainer. "Entertainer" shall mean any person who is an employee or independent contractor of the sexually oriented business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of a sexually oriented business.

(2) The sexually oriented business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use.

(3) The sexually oriented business shall provide an entrance/exit for entertainers, which is separate from the entrance/exit used by patrons.

(4) The sexually oriented business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the sexually oriented business shall provide a minimum three-foot wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.

(5) No entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer. This subsection shall only apply to physical contact on the premises of the sexually oriented business.

(6) Fixed rail(s) at least thirty inches in height shall be maintained establishing the separations between entertainers and patrons required by this subsection.

(7) No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit any pay or gratuity from any patron.

(8) No owner or other person with managerial control over a sexually oriented business (as that term is defined herein) shall permit any person on the premises of the sexually oriented business to engage in a live showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque coverage, and/or the female breast with less than a fully opaque coverage over any part of the nipple or areola.

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

(1) Sexually oriented businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than thirty-five persons, an additional security guard shall be on duty for each thirty-five persons.

(2) Security guards for other sexually oriented businesses may be required if it is determined by the police chief that their presence is necessary in order to prevent any of the conduct listed in Section 5.55.100(b)(2) from occurring on the premises.

(3) Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards 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 as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard.

The foregoing applicable requirements of this section shall be deemed conditions of sexually oriented business regulatory permit approvals, and failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to these regulations.

(Ord. 2106 § 4 (Exh. C)(part), 2008).

(Ord. No. 2250, §§ 15, 16, 9-3-2019)

(a) Every permittee of a sexually oriented business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities must maintain a register of all persons so performing on the premises and their permit numbers. Such register shall be available for inspection during regular business hours by any police office or health officer of the city of Campbell.

(Ord. 2106 § 4 (Exh. C)(part), 2008).

(a) Every sexually oriented business shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such sexually oriented business in a conspicuous place so that the same may be readily seen by all persons entering the sexually oriented business.

(Ord. 2106 § 4 (Exh. C)(part), 2008).

(a) It is unlawful for any permittee, operator, or other person in charge of any sexually oriented business to employ, or provide any service for which it requires such permit, to any person who is not at least eighteen years of age.

(b) It is unlawful for any permittee, operator or other person in charge of any sexually oriented business to permit to enter, or remain within the sexually oriented business, any person who is not at least eighteen years of age.

(Ord. 2106 § 4 (Exh. C)(part), 2008).

An applicant or permittee shall permit representatives of the police department, health department, fire department, planning division, or other city departments or agencies to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law and the development and performance standards applicable to sexually oriented businesses, at any time it is occupied or opened for business. A person who operates a sexually oriented business or his or her agent or employee is in violation of the provisions of this section if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.

(Ord. 2106 § 4 (Exh. C)(part), 2008).

The provisions of this article regulating sexually oriented businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the city council of the city of Campbell.

(Ord. 2106 § 4 (Exh. C)(part), 2008).

All persons who possess an outstanding business license heretofore issued for the operation of a sexually oriented business must apply for and obtain such a permit within ninety days of the effective date of this chapter. Failure to do so and continued operation of a sexually oriented business, or the continued performances depicting specified anatomical areas or specified sexual activities in a sexually oriented business after such time without a permit shall constitute a violation of this chapter.

(Ord. 2106 § 4 (Exh. C)(part), 2008).

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The city council declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.

(Ord. 2106 § 4 (Exh. C)(part), 2008).