Ceres Municipal Code Ch. 15 Adult Entertainment Businesses

For the purpose of this chapter, and except where otherwise expressly defined in another section of this chapter, the following words and phrases shall have the meanings provided in this section. Where words and phrases are not expressly defined under this chapter, they shall be construed as their ordinary meaning within the context which they are used:

Adult business operator or 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 an adult business or the conduct or activities occurring on the premises thereof.

Adult business means any one of the following:

1. Adult arcade means an establishment where, for any form of consideration, one or more still or motion picture projectors, 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, 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.

2. Adult bookstore means an establishment that has 30 percent or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.

3. Adult 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;

b. Regularly features persons who appear semi-nude; or

c. Shows films, computer-generated images, motion pictures, video cassettes, slides, or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.

4. Adult hotel or adult 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 transmission, films, computer-generated images, motion pictures, video cassettes, slides, or other photographic reproduction 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/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 24-hour period.

5. Adult motion picture theater means 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 30 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. Adult 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.

7. 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".

Adult newsrack means any coin-operated machine or device which dispenses material substantially devoted to the depiction of "specified sexual activities" or "specified anatomical areas," or any magazine or book display inside a store other than an "adult business" as defined in this section.

Bar means any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises.

Church means a structure which is used primarily for religious worship and related religious activities.

Distinguished or characterized by an emphasis upon means and refers to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas.

To establish an adult business means and includes any of the following:

1. The opening or commencement of any adult business as a new business;

2. The conversion of an existing business, whether or not an adult business, to any adult business defined in this section;

3. The addition of any of the adult businesses defined in this section to any other existing adult business; or

4. The relocation of any such adult business.

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.

Nudity or 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, or the showing of the covered male genitals in a discernibly turgid state.

Operate an adult 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 an adult business or activities within an adult business.

Regularly features with respect to an adult theater or adult 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 30 day period; three or more occasions within a 60 day period; or four or more occasions within a 180-day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

School means any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, 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 breasts, as well as portions of the body covered by supporting straps or devices.

Specified anatomical areas means and includes any of the following:

1. Less than completely and opaquely covered human 1) genitals or pubic region; 2) buttocks; and 3) female breasts below a point immediately above the top of the areola;

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

3. Any device, costume or covering that simulates any of the body parts included in subsection 1 or 2 of this definition.

Specified sexual activities means and includes any of the following, whether performed directly or indirectly through clothing or 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. No. 2020-1057, § 1, 3-23-2020)

The purpose of this chapter is to establish reasonable and uniform regulations to prevent the concentration of adult businesses or their close proximity to incompatible uses, while permitting the location of adult businesses in certain areas.

It is also the purpose of this chapter to regulate adult 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 adult-oriented materials.

Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material. Nothing in this chapter is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any City ordinance or any statute of the State regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter or the exhibition or public display thereof. It is the intent of this chapter to prevent community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of adult businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, churches, and residentially zoned districts or uses.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Adult businesses shall be zoned in accordance with the guidelines in title 18.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Material offered for sale from adult newsracks shall not be displayed or exhibited in a manner which exposes to public view any pictures or illustrations of specified anatomical areas or specified sexual activities.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Any use of real property existing on the effective date of the ordinance from which this chapter derives, which does not conform to the provisions of section 5.15.030 of this chapter, but which was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued for a period of one year after the effective date of the ordinance from which this section derives. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved in accordance with the provisions of section 5.15.060 of this chapter.

A. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult business for six continuous months shall result in a loss of legal nonconforming status of such use.

B. Any adult business which was a legal use at the time of annexation of the property and which is located in the City, but which does not conform to the provisions of section 5.15.030 of this chapter shall be terminated within one year of the date of annexation unless an extension of time has been approved in accordance with the provisions of section 5.15.060 of this chapter.

(Ord. No. 2020-1057, § 1, 3-23-2020)

The owner or operator of a nonconforming use as described in section 5.15.030 of this chapter may apply under the provisions of this section to the City Manager for an extension of time within which to terminate the nonconforming use.

A. An application for an extension of time within which to terminate a use made nonconforming by the provisions of section 5.15.050 of this chapter, may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the City Manager at least 90 days but no more than 180 days prior to the time established in section 5.15.050 of this chapter for termination of such use.

B. The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the City Council.

C. The hearing officer shall set the matter for hearing within 45 days of receipt of the application and shall be conducted pursuant to chapter 5.05. The owner or operator shall be notified of the hearing pursuant to section 5.05.060.

D. The hearing officer shall approve an extension under the provisions of this section for a reasonable period of time commensurate with the investment involved, The hearing officer shall only approve the application only if he or she makes all of the following findings or such other findings as are required by law:

1. The applicant has made a substantial investment (including, but not limited to, lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use;

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

3. The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with section 9.42.030 of this chapter.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. Every person who proposes to maintain, operate or conduct an adult business in the City shall file an application with the Chief of Police upon a form provided by the City and shall pay a filing fee, as established by resolution adopted by the City Council from time to time, which shall not be refundable. Adult business regulatory permits are nontransferable, except in accordance with section 5.15.100 of this chapter. 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 18 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.

4. 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.

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

6. A description of the type of adult business for which the permit is requested and the proposed address where the adult business will operate, plus the names and addresses of the owners and lessors of the adult business site.

7. The address to which notice of action on the application is to be mailed.

8. The names of all employees, independent contractors, and other persons who will perform at the adult business, who are required by section 5.15.110 of this chapter to obtain an adult business performer permit (for ongoing reporting requirements see section 5.15.110 of this chapter).

9. A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult 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.

10. A certificate and straight-line drawing prepared within 30 days prior to application depicting the building and the portion thereof to be occupied by the adult business.

11. A diagram of the off-street parking areas and premises entries of the adult business showing the location of the lighting system required by title 18.

12. Any other information required by the Chief of Police to verify the information contained in the application and compliance with this chapter.

13. A written, dated, and signed statement by the applicant certifying, under penalty of perjury, that:

a. All information contained in the application is true and correct;

b. The owner(s) will only employ or retain performers who are permitted under [adult entertainment performer permit];

c. The owner(s) will be responsible for the conduct of all entertainment business operators, employees, agents, independent contractors, or other representatives while such persons are on the premises of the adult entertainment business establishment, and that failure to comply with the provisions of this chapter and any federal, state, or local law may result in the suspension or revocation of the massage establishment permit; and

d. The applicant has received a copy of this chapter and of the obligations pursuant to this chapter.

B. If the Chief of Police determines that the applicant has completed the application improperly, he shall promptly 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 complete the application properly. In addition, the applicant may request an extension, not to exceed ten days, of the time for the Chief of Police 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.

C. 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 an adult business regulatory permit.

D. If any of the information provided in the application changes during the permitting process, the applicant must notify the Chief of Police within ten days.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. Upon receipt of a completed application and payment of the application and permit fees, the Chief of Police shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the applicant shall be issued an adult business regulatory permit.

B. Within 30 days of receipt of the completed application, the Chief of Police shall complete the investigation and grant or deny the application in accordance with the provisions of this chapter, and so notify the applicant as follows:

1. The Chief of Police shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

2. If the application is denied, the Chief of Police shall attach to the application a statement of the reasons for denial.

3. If the application is granted, the Chief of Police shall attach to the application an adult business regulatory 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 Chief of Police shall grant the application and issue the adult business regulatory permit upon findings that:

1. The proposed business meets the locational criteria of title 18;

2. That the applicant has met all of the developmental and performance standards and requirements of section 5.15.070 of this chapter; and

3. The application should not be denied for one or more of the reasons set forth in section 5.15.090 of this chapter.

D. The permittee shall post the permit conspicuously in the adult business premises.

E. If the Chief of Police grants the application or if he neither grants nor denies the application within 30 days after it is stamped as received (except as provided in subsection 5.15.090B of this chapter), the applicant may begin operating the adult business for which the permit was sought, subject to strict compliance with the development and performance standards and requirements of section 5.15.070 of this chapter.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. The Chief of Police shall deny the application for any of the following reasons:

1. The building, structure, equipment, or location used by the business for which an adult business regulatory permit is required does not comply with the requirements and standards of the health, zoning, fire and safety laws of the City and the State, or with the locational or development and performance standards and requirements of these regulations.

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

3. An applicant is under 18 years of age.

4. The required application fee has not been paid.

5. The adult business does not comply with the Zoning Ordinance locational standards.

B. Each adult business regulatory permit shall expire one year from the date of issuance, and may be renewed only by filing with the Chief of Police 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 30 days before the expiration date of the permit. When made less than 30 days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provide in this chapter for action upon applications for permits.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. A permittee shall not operate an adult business under the authority of an adult business regulatory permit at any place other than the address of the adult business stated in the application for the permit.

B. A permittee shall not transfer ownership or control of an adult business or transfer an adult business regulatory permit to another person unless and until the transferee obtains an amendment to the permit from the Chief of Police stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the Chief of Police in accordance with section 5.15.070 of this chapter, accompanies the application with a transfer fee in an amount set by resolution of the City Council, and the Chief of Police determines in accordance with section 5.15.080 of this chapter that the transferee would be entitled to the issuance of an original permit.

C. No permit may be transferred when the Chief of Police 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 hereby declared void, and the permit shall be deemed revoked.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. No person shall engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult business, without a valid adult business performer permit issued by the City. All persons who have been issued an adult business regulatory permit shall promptly supplement the information provided as part of the application for the permit required by section 5.15.070 of this chapter, with the names of all performers required to obtain an adult business performer permit, within 30 days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the adult business regulatory permit.

B. The Chief of Police shall grant, deny and renew adult business performer permits.

C. The application for a permit shall be made on a form provided by the Chief of Police. An original and two copies of the completed and sworn permit application shall be filed with the Chief of Police.

D. The completed application shall contain the following information and be accompanied by the following documents:

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

2. Age, date and place of birth;

3. Height, weight, hair and eye color;

4. Present residence address and telephone number;

5. Whether the applicant has ever been convicted of:

a. Any of the offenses set forth in sections 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(d) of the California Penal Code as those sections now exist or may hereinafter by amended or renumbered.

b. The equivalent of the aforesaid offenses outside the State of California.

6. Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution;

7. State driver's license or identification number;

8. Satisfactory written proof that the applicant is at least 18 years of age;

9. The applicant's fingerprints on a form provided by the Police Department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant;

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

E. The completed application shall be accompanied by a nonrefundable application fee. The amount of the fee shall be set by resolution of the City Council and may be amended from time to time.

F. Upon receipt of an application and payment of the application fees, the Chief of Police shall immediately stamp the application as received and promptly investigate the application.

G. If the Chief of Police determines that the applicant has completed the application improperly, he shall promptly notify the applicant of such fact and grant the applicant an extension of time of not more than ten days to complete the application properly. In addition, the applicant may request an extension, not to exceed ten days, of the time for the Chief of Police 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.

H. If any of the information provided in the application changes during the application process, the applicant must notify the Chief of Police within ten days.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. Within five days after receipt of the completed application, the Chief of Police shall grant or deny the application and so notify the applicant as follows:

1. The Chief of Police shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

2. If the application is denied, the Chief of Police shall attach to the application a statement of the reasons for denial.

3. If the application is granted, the Chief of Police shall attach to the application an adult business performer 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 residence address stated in the application.

B. The Chief of Police shall grant the application and issue the permit unless the application is denied for one or more of the reasons set forth in subsection D of this section.

C. If the Chief of Police grants the application or if he neither grants nor denies the application within five days after it is stamped as received (except as provided in subsection 5.15.110.G of this chapter), the applicant may begin performing in the capacity for which the permit was sought.

D. The Chief of Police shall deny the application for any of the following reasons:

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

2. The applicant is under 18 years of age.

3. The adult business performer permit is to be used for performing in a business prohibited by State or City law.

4. The applicant has been registered in any state as a prostitute.

5. The applicant has been convicted of any of the offenses enumerated in subsection 5.15.110.D.5 of this chapter or convicted of an offense outside the State of California that would have constituted any of the described offenses if committed within the State of California. A permit may be issued to any person convicted of the described crimes if the conviction occurred more than five years prior to the date of the application.

E. Each adult business performer permit shall expire one year from the date of issuance and may be renewed only by filing with the Chief of Police a written request for renewal, accompanied by the application fee and a copy of the permit to be renewed. The request for renewal shall be made at least 30 days before the expiration date of the permit. When made less than 30 days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided in section 5.15.110.

(Ord. No. 2020-1057, § 1, 3-23-2020)

In addition to the reasons set forth in section 5.04.030, an adult business regulatory permit or adult business performer permit may also be suspended or revoked 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 an adult business:

A. The permittee, employee, agent, partner, director, stockholder, or manager of an adult 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 adult business, or in the case of an adult business performer, the permittee has engaged in one of the activities described below while on the premises of an adult business:

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

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

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

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

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

6. Any conduct prohibited by this chapter.

B. Failure to conform to the building, structure, equipment, zoning, and other requirements of this Code.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Every permittee of an adult 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 officer or health officer of the City.

(Ord. No. 2020-1057, § 1, 3-23-2020)

An adult business performer shall have such card available for inspection at all times during which such person is on the premises of the adult business.

(Ord. No. 2020-1057, § 1, 3-23-2020)