Canyon Lake Municipal Code Ch. 11.04 Adult Business Regulation

It is the purpose and intent of this Chapter to provide for the comprehensive and orderly regulation of adult businesses with appropriate time, place and manner regulations that protect the public health, safety and welfare.

(20-12/91 § 11.02.001) (Am. Ord. 93U, passed 11-3-2004)

The following words and phrases shall, for the purposes of this Chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended.

(a) “Adult bookstore” means an establishment having as a substantial or significant portion of its stock in trade material which is distinguished or characterized by its emphasis on matter depicting, describing or related to specified sexual activity or specified anatomical area, or an establishment with a segment or section thereof devoted to the sale or display of such material.

(b) “Adult business” includes but is not limited to any adult bookstore, adult cabaret, adult hotel or motel, adult theater, adult model studio, body painting studio, nude model studio and sexual encounter center, and any other business involving “specified sexual activities” or display of “specified anatomical areas.”

(c) “Adult business manager” or “manager” means a person on the premises of an adult business who is authorized to exercise overall operational control of the business.

(d) “Adult cabaret” means any nightclub, bar, restaurant, or similar establishment which is distinguished or characterized by its emphasis in the entertainment presented on:

(1) Live performances which is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas; and/or

(2) Films, motion pictures, video cassettes, or slides or other photographic reproductions whose dominant or predominant character and theme is the depiction of specified sexual activities or specified anatomical areas for the observation by patrons.

(e) “Adult hotel/motel” means a hotel or motel, which provides through closed-circuit television or other media, material which is distinguished or characterized by the emphasis on matter depicting or describing or related to specified sexual activities or specified anatomical area.

(f) “Adult model studio” or “nude model studio” means any establishment open to the public where for any form of consideration of gratuity, human models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculpted, photographed, or otherwise depicted by persons other than the proprietor paying such consideration or gratuity. This provision shall not apply to any school of art, which is defined as a firm which is operated by an individual, firm association, partnership, corporation or institution which meets the requirements established in the Education Code of the State of California for the issuance or conferring of a diploma.

(g) “Adult picture arcade” means any place to which the public is permitted or invited wherein coin or token-operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine, at any one time, and where the emphasis of the images so displayed is on depiction of specified sexual activities or specified anatomical areas.

(h) “Adult service” means dancing, serving food or beverages, modeling, posing, wrestling, singing, reading, talking, listening or other performances, activities or conduct for consideration in an adult business by a person who is nude or seminude during all of part of the time that the person is providing the service. An adult business includes a business where adult service is provided to patrons in the regular course of business.

(i) “Adult service provider” or “provider” means any person who provides an adult service.

(j) “Adult theater” means a theater, concert hall, auditorium or similar establishment, either indoor or outdoor in nature, which presents live entertainment, films, motion pictures, slide photographs, video cassettes or similar photographic reproductions which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas.

(k) “Body painting studio” means any establishment or business which provides the service of applying paint or any other substance, whether transparent or not, to or on the human body when such body is wholly or partially nude in the terms of specified anatomical areas.

(l) “Material relative to adult business” means and includes but is not limited to accessories, books, magazines, photographs, prints, drawings, paintings, motion pictures and pamphlets or any combination thereof.

(m) “Specified anatomical areas” means and includes any of the following:

(1) Less than complete and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point above the top of the areola; or

(2) Human male genitals in a state of sexual stimulation or arousal or in a discernible turgid state, even if completely or opaquely covered.

(n) “Specified sexual activities” means and includes any of the following:

(1) The fondling or touching of human genitals, pubic regions, buttocks, anus, or female breasts; or

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

(3) Masturbation, actual or simulated; or

(4) Excretory functions as part of, or in connection with, any of the activities set forth in Subsections (1) through (3) of this Section; or

(5) Human genitals in a state of sexual stimulation or arousal.

(20-12/91 § 11.02.002) (Am. Ord. 93U, passed 11-3-2004)

Notwithstanding any provisions to the contrary in this Title, no adult business shall be established, expanded or conducted except in a district zoned commercial and then shall conform to the regulations contained in this Chapter.

(20-12/91 § 11.02.003)

(a) Where otherwise required by this Code, no adult business shall be opened, established or relocated except upon the granting of a conditional use permit in accordance with the Canyon Lake Municipal Code, in addition to the Adult Business Permit required by this Chapter. Where there is a conflict between the two, this Chapter shall control. Notwithstanding the foregoing, the time limit for the City to review and approve or deny a conditional use permit, including review by other municipal entities shall be sixty (60) days.

(b) Any applicant whose application or permit for such a conditional use permit has been denied pursuant to this Chapter shall be afforded prompt judicial review of that decision as provided by law. Notwithstanding the provisions of Code of Civil Procedure Section 1094.6, or any other provision of law, in the event that a complete record of the proceedings is necessary for the judicial review of the decision, the City shall provide the record to the person seeking judicial review and the court within 14 days of receiving a request to do so.

(c) Suspension or revocation of such conditional use permit is subject to the grounds set out in Section 11.04.070 and the procedures set out in Section 11.04.075 hereof.

(20-12/91 § 11.02.004) (Am. Ord. 93U, passed 11-3-2004)

In addition to the base zone requirements governing use and minimum development standards, the following additional requirements shall be met by adult businesses which additional requirements shall be included in the conditional use permit.

(a) The use shall have an Adult Business Permit, which requirements are noted in Section 11.04.060 of this Chapter.

(b) Said use shall have a separate business entrance adjacent to the required parking area. Additional off-street parking facilities may be required if deemed necessary by the City Council.

(c) The City Council shall review and approve the size and shape of all signs and architectural graphics for compliance with applicable regulations.

(d) 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 Canyon Lake.

(e) No adult business shall be conducted in any manner that permits the observation of any material depicting, describing, or relating to specified sexual activities or specified anatomical areas from any public right-of-way or from any location outside the building or area of such establishment. This provision shall apply but shall not be limited to any display, decoration, sign, show window or other opening.

(f) Lighting in parking lots. Lighting shall be required which is designed to illuminate all off-street parking areas serving such use for the purpose of increasing the personal safety of store patrons and reducing the incidents of vandalism and theft. Said lighting shall be shown on the required plot plans.

(g) Amplified sound. No loudspeakers or sound equipment shall be used by an adult business for the amplification of sound to a level discernible by the public beyond the walls of the building in which such use is conducted or which violates any noise restrictions which are or may be adopted by the City of Canyon Lake.

(h) The building entrance to the adult business shall be clearly and legibly posted by a notice indicating that minors are precluded from entering the premises.

(i) Pictures arcades.

(1) No picture arcade shall be maintained or operated unless the complete interior of the picture arcade is visible upon entrance to such picture arcade. No partially or fully enclosed booth or partially or fully concealed booths shall be maintained. Notwithstanding Section 11.04.100 of this Chapter, any picture arcade lawfully in existence prior to the adoption of this Subsection shall conform to the provision of this Subsection within three months of the effective date of this Section. This Subsection shall also be applicable to any picture arcade which is not open for business prior to the date that this Section takes effect.

(2) Minimum lighting. No person shall operate a picture arcade unless a light level of not less than two foot candles at floor level is maintained in every portion of said establishment to which the public is admitted.

(3) Wall and partition construction. No person shall operate a picture arcade unless any wall or partition which is situated so as to create a room or enclosure in which any image producing device is located is constructed of not less than one-hour fire resistive material.

(4) Minimum aisle width. No person shall operate a picture arcade in which the width of the aisles in any room where an image producing device is located is less than 42 inches.

(5) Minimum doorways. No person shall operate a picture arcade unless there are no fewer than two doorways of a width no less than 36 inches which provide ingress or egress from any room from which an image producing device is located; provided, however, that one doorway shall be sufficient in the event the fire marshal should so determine. The doorway or doorways shall remain unlocked during business hours.

(6) Lighted exit signs. No person shall operate a picture arcade unless over every doorway which provides ingress and egress from any room in which an image producing device is located, an internally illuminated exit sign with letters of at least five inches in height is maintained.

(7) Maximum occupancy load. No person shall operate a picture arcade in which the number of persons in any room or partitioned portion of a room where an image producing device is located exceeds one person per 30 square feet. The maximum occupancy permitted in any room or partitioned portion of a room in which an image producing device is located shall be conspicuously posted by the operator, and shall remain posted, at the entrance to said room.

(8) Maximum number of devices. No person shall operate a picture arcade in which the number of image producing devices exceeds the maximum occupancy load.

(20-12/91 § 11.02.005)

(a) Operators of adult businesses must obtain an adult business permit in addition to a conditional use permit. Such adult business permit shall be nontransferable and must be renewed on a yearly basis on the anniversary date of the original application. The permit obtained is not transferable and a new permit must be obtained if the business is leased, sold or otherwise transferred for any reason.

(b) Applicants for such permits shall file a written, signed and verified application or renewal application showing:

(1) The name and permanent address of applicant; and

(2) The name and business address of the applicant. If the applicant is a corporation, the name shall be exactly as set forth in its Articles of Incorporation and the applicant shall show the name and residence address of each of the officers, directors, and each stockholder owning not less than 25% of the stock of the corporation. If the applicant is a partnership, the application shall show the name and residence address of each of the members, including limited partners; and

(3) A detailed description of the manner of providing proposed entertainment, including type of entertainment and the number of persons engaged in the entertainment including, but not limited to, provisions for licensing of adult service providers; and

(4) Hours of operation; and

(5) A location, address and floor plan depicting where the specific entertainment uses are proposed to be conducted within the building; and

(6) The name and or names of the adult business manager having actual supervisory authority over the business operations and the status of his or her adult business manager permit; and

(7) A statement of the nature and character of applicant's business if any, to be carried on in conjunction with such entertainment.

(c) For a renewal application, applicant shall also indicate any changes in the required information since the filing of the initial application or the last renewal application. The renewal application shall be filed 45 days before expiration of the license. The manager shall allow law enforcement officers or other authorized City or State officials to inspect the premises upon request during regular business hours.

(d) All applications for a permit or a renewal permit shall be filed with the City Police Department on forms prescribed by the Police Department. Each application shall be accompanied by a nonrefundable fee for filing or renewal determined by resolution of the City Council, which fees will be used to defray the costs of investigation, inspection and processing of such applications. The application shall be deemed complete when the City has received all required fees and all information and evidence required by this Section;

(e) After an investigation and confirmation of evidence provided by the applicant, the Police Chief shall issue a permit or a renewal permit if he or she finds:

(1) That the building, structure, equipment and location used by the business for which a permit is required herein complies with the requirements and meets the standards for the health, zoning, fire and safety laws of the State of California and of the applicable Code sections of the City of Canyon Lake; and

(2) That the applicant, or any of his or her employees, agents, partners, directors, officers, stockholders or managers has not knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit, or in any report or record required to be filed with the Police Department, Sheriff or other department of the City or State and that adult service providers are duly and currently licensed; and

(3) That the applicant has not had any type of adult business permit revoked by any public entity within the past two years of the date of the application; and

(4) That on the date that the business for which a permit is required herein commences, and thereafter, there will be a responsible person on the premises to act as manager at all times during which the business is open, which manager has or will have a valid and current adult business manager permit; and

(5) That the applicant has shown how the adult business manager will prevent the business from being used as a place where prostitution, assignation, or any lewd act could occur; and

(6) That a conditional use permit has been granted for the use as required by this Code.

(f) In the event that the City or its designee determines or learns at any time that the applicant has improperly completed the application for a proposed adult business, he or she shall promptly notify the applicant, in writing, of such fact within ten days of receipt of an application and allow the applicant ten days to properly complete the application. (The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.)

(g) Decision of Police Chief. The decision of the Police Chief regarding a permit application shall be issued within 45 days of the date of the filing of the application unless the Police Chief has set the matter for hearing before the City Council. Such hearing must be held and a decision rendered within 60 days from the date of the application, unless the matter is continued at the request of the applicant. The decision may be appealed as set out herein.

(20-12/91 § 11.02.006) (Am. Ord. 93U, passed 11-3-2004)

(a) A person may not serve as an adult business manager unless that person has first secured an adult business manager permit under this Code.

(b) Application for an adult business manager permit shall be made in the same manner as for an adult business permit and the application shall contain the following information, which information shall be kept confidential by City to the extent allowed or required by law.

(1) Applicant’s full, true name and other names, aliases or stage names used within the previous five years;

(2) Applicant’s current residential mailing address and telephone number where he or she may be reached;

(3) Written proof that the applicant is at least 18 years of age, including a current driver’s license or birth certificate;

(4) A copy of any current adult business manager license or permit, and information regarding whether any such permit has been revoked or suspended within the previous two years and any reason therefor;

(5) Any and all criminal charges, complaints or indictments in the previous three years resulting in a conviction or plea of guilty or no contest under California or federal laws relating to organized crime, fraud, prostitution, drug offenses or sexual offenses;

(6) Fingerprints and a photograph of the applicant’s face in order to obtain state and federal records checks. The City Police Department is authorized to exchange this information with the FBI and other state or federal agencies.

(7) Payment of a fee to cover the cost of processing as determined by the City Council by resolution.

(Ord. 93U, passed 11-3-2004)

(a) No person may work as an adult service provider unless that person first has obtained an adult service provider permit under this Code.

(b) Application for an adult service provider permit shall be made in the same manner as an application for an adult business except that the applicant shall provide the information set out under Section 11.04.061(b).

(Ord. 93U, passed 11-3-2004)

(a) Upon receipt of an application for an adult business manager permit or an adult service provider permit, including receipt of all information required for such applications, the payment of all fees and fingerprinting and photographing, the Police Chief shall issue to the applicant a temporary permit. Within 30 days after issuance of a temporary permit, the Police Chief shall mail to the applicant a regular permit or notice of intent to deny. If the Police Chief fails to do so, the permit shall be deemed granted. Neither a temporary nor regular permit is transferable.

(b) The issuance of any license, permit or temporary permit does not waive any right of the City to revoke, deny or suspend that permit for any defect, omission or misrepresentation in the application.

(c) The Police Chief shall grant the license or regular permit to an applicant who has completed all requirements for application, unless he or she finds that any of the following conditions exist:

(1) The application is incomplete or contains a misrepresentation, false statement or omission;

(2) The applicant is not at least 18 years of age;

(3) The applicant has failed to pay fees due;

(4) The applicant has been convected or plead guilty or no contest to a felony or two misdemeanors of the type listed in Section 11.04.071(b) within the past three years;

(5) The applicant has held a permit that has been revoked on the basis of conduct which would be grounds for revocation of this permit.

(d) The Police Chief shall provide an identification card to all adult service providers and adult business manager which contains a photograph of the permittee, the number of the permit issued and the date of expiration. The adult service provider or adult business manager shall have the permit available for inspection at all times during working hours.

(Ord. 93U, passed 11-3-2004)

(a) The Police Chief shall suspend a license or permit for a period of ten days if the licensee or permit holder is convicted of violating any provision of this Chapter.

(b) The Police Chief shall suspend or revoke an existing adult business permit or adult business manager or adult service provider permit, in order to assure the preservation fot he public health, safety and welfare of the residents of the City, if the evidence presented establishes that one or more of the following conditions exist:

(1) The building, structure, equipment and location used by the business fails to comply with the requirements or fails to meet the standards of the health, zoning, fire and safety laws of the State of California, or the regulations of the City of Canyon Lake; or

(2) The permittee, or any of his or her employees, agents, partners, directors, officers, stockholders or managers has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult business permit or a continued use permit, or in any report or record required to be filed with the Police, Sheriff or other department of the City as required by this Chapter; or

(3) The permittee has had any type of adult business permit revoked by any public entity within two years of the date the permit was issued; or

(4) There was not a responsible person on the premises to act as manager at all times in which the business was open or the adult business manager does not have a current adult business manager permit or the adult service providers do not have permits as required by this Code; or

(5) That the permittee, manger or any agent or employee of the permittee or manager has been convicted in a court of competent jurisdiction in conjenction with or as a result of the operation of the adult business issued by the City or had been convicted or has entered a guilty plea or pleaded no contest to any of the violations set out in Section 11.04.07 hereof; or

(6) The adult business has been used as a place where sexual intercourse, sodomy, oral copulation, masturbation, prostitution, assignation or other lewd acts occur or have occurred; or

(7) The permittee, his or her employee, agent, partner, director, officer, stockholder or manager has violated any provision of this Chapter; or

(8) Any required conditional use permit for the use has been suspended or revoked;

(9) The adult business manager or adult service provider or permittee has been convicted of three or more violations of this chapter in any 12-month period.

(20-12/91 § 11.02.007) (Am. Ord. 93U, passed 11-3-2004)

(a) If the Police Chief determines that grounds exist for denial, suspension or revocation of a license or permit under this Chapter, he or she shall notify the applicant or permit holder (hereafter “respondent”) in writing of his or her intent to deny, suspend or revoke, including a summary of his or her reasons for that action.

(b) Within ten working days after receipt of such notice, the respondent may include a written response including the reasons why the license or permit should not be denied, suspended or revoked and may include a request for a hearing. If no written response is received by the City within the time set out, notification shall be sent to the respondent within five working days after the expiration of the response period indicating that the administrative action of denial, suspension or revocation has become final.

(c) Within five working days of the receipt of a written response, the Police Chief either shall withdraw the intent to deny, suspend or revoke, and send notification thereof, or schedule a hearing before a hearing officer and send notification in writing of the time and place of such hearing. If the Police Chief does not send timely notification either withdrawing the intent or scheduling a hearing, the intent shall be deemed withdrawn.

(d) Any hearing shall be scheduled not fewer than 15 nor more than 30 working days after receipt of the request therefor. The hearing shall be conducted in an informal manner. The respondent may be represented by counsel at respondent’s own expense. The rules of evidence shall not apply. Respondent shall have the burden of proving by a preponderance of the evidence that the denial, suspension or revocation was arbitrary and capricious and an abuse of discretion.

(e) Any hearing officer shall render a written decision within five working days after completion of the hearing and shall mail a copy of the decision to the respondent. If more than 45 days elapse between receipt by the Police Chief of a request for a hearing and mailing of the decision by the hearing officer, the decision shall be deemed to be in favor of the respondent. The decision shall constitute final administrative action at the end of five working days after it is mailed. The respondent may continue to function under any regular license or permit pending receipt of the final decision.

(f) All notices shall be in writing and sent certified to the respondent’s address on file with the City. Any hearing shall be scheduled not fewer than 15 nor more than 30 working days after receipt of the request therefor.

(Ord. 93U, passed 11-3-2004)

Final administrative action to deny, revoke or not to renew a license or permit may be appealed to the Superior Court by any available procedure within the time frames set out by state law. City shall consent to expedited hearing and disposition. If a respondent pursues a judicial appeal from a final administrative action regarding a license or permit, that respondent may continue to function under the license or permit pending completion of judicial review.

(Ord. 93U, passed 11-3-2004)

The regulations set forth in this Chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of adult businesses as set forth in any other state or municipal law.

(20-12/91 § 11.02.008)

This Chapter does not apply to adult businesses operating on the date of adoption.

(20-12/91 § 11.02.009)

Any firm, corporation or person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $1,000, or by imprisonment for not more than six months, or by both such fine and imprisonment. Any violation of this Chapter which is committed and continues from day-to-day, constitutes a separate offense for each and every date during which such violation is committed or continued.

(20-12/91 § 11.02.010)

Every place of business at or in which violations of this Chapter, or any provision thereof, occur shall constitute a public nuisance and as such, the public nuisance may be abated and/or enjoined from further operation.

(20-12/91 § 11.02.011)

No person shall deny free access to an adult business to any City official or City employee for purposes of reasonable inspection to enforce compliance with building, fire, electrical, health or plumbing regulations, of the City of Canyon Lake or the State of California or to enforce the provisions and requirement of this Chapter.

(20-12/91 § 11.02.012)

Each section and each provision or requirement of any section of this ordinance shall be deemed severable and the invalidity of any portion of this ordinance shall not affect the validity or enforceability of any other portion.

(Ord. 93U, passed 11-3-2004)