Chino Hills Municipal Code Ch. 5.08 Adult-Oriented Business Permits

The intent of this chapter is to regulate adult-oriented businesses which, unless closely regulated, may have serious secondary effects on the community. These secondary effects include, but are not limited to: depreciation of property values, increases in vacancy rates in residential and commercial areas, increases in incidences of criminal activity, increases in noise, litter, and vandalism, and the interference with property owners' enjoyment of their property in the vicinity of such businesses.

It is neither the intent nor effect of this chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials, or to deny access by the distributors or exhibitors of sexually oriented entertainment to their intended market.

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 law of the state of California regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter, or the exhibition or public display thereof.

(Ord. 184 § 2 (part), 2005)

As used in this chapter:

"Adult bookstore" means an establishment having, as a regular and substantial portion of its stock in trade, material which is distinguished or characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

"Adult cabaret" means a nightclub, bar, or other establishment (whether or not serving alcoholic beverages) which features live performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, and where such performances are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

"Adult cabaret dancer" means any person who is an employee or independent contractor of an "adult cabaret" or "adult business" and who, with or without any compensation or other form of consideration, performs as a sexually oriented dancer, exotic dancer, stripper, go-go dancer, or similar dancer whose performance, on a regular and substantial basis, focuses on or emphasizes the adult cabaret dancer's breasts, genitals, and/or buttocks, but does not involve exposure of specified anatomical areas or depicting or engaging in specified sexual activities. "Adult cabaret dancer" does not include such a patron.

"Adult hotel/motel" means a hotel or motel, as defined in this code, which is used for presenting, on a regular and substantial basis, material which is distinguished or characterized by the emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas through closed-circuit or cable television or through video playback devices where video recordings are provided by the hotel/motel.

"Adult live entertainment" means any physical human body activity, whether performed or engaged in alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling, or pantomiming, in which the performer or performers expose to public view, without opaque covering, specified anatomical areas depicting, describing, or relating to specified sexual activities, whether or not the specified anatomical areas are covered.

"Adult model studio" means any premises where there is furnished, provided, or procured a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas where such model(s) is being observed or viewed by any person for the purpose of being sketched, painted, drawn, sculptured, photographed, filmed, or videotaped for a fee, or any other thing of value, as a consideration, compensation, or gratuity for the right or opportunity to so observe the model or remain on the premises. "Adult model studio" shall not include any live art class or any studio or classroom which is operated by any public agency or any private educational institution authorized to issue and confer a diploma or degree under California Education Code Section 94300 and following.

"Adult motion picture arcade" means any business establishment or concern containing coin or slug-operated, or manually or electronically controlled still, motion picture or video machines, projectors, or other image-producing devices that are maintained to display images to an individual in individual viewing areas when those images are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

"Adult-oriented business" means any business establishment or concern which, as a regular and substantial course of conduct, performs or operates as an adult bookstore, adult theater, adult motion picture arcade, adult cabaret, adult model studio, adult hotel/motel; any business establishment or concern which, as a regular and substantial course of conduct, sells or distributes sexually oriented merchandise or sexually oriented material; or any other business establishment or concern which, as a regular and substantial course of conduct, offers to its patrons products, merchandise, services, or entertainment characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas. "Adult-oriented business" does not include those uses or activities, the regulation of which is preempted by state law.

"Adult theater" means a theater or other commercial establishment with or without a stage or proscenium which is used for presenting, on a regular and substantial basis, material which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

"Entertainer" means any person who is an employee or independent contractor of an adult business, and who, with or without any compensation or other form of consideration, performs adult live entertainment for patrons of an adult business. "Entertainer" does not include a patron.

"Establish an adult-oriented business" means and includes any of the following:

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

2. The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business;

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

4. The relocation of any such adult-oriented business.

"Live art class" means any premises on which all of the following occur: there is conducted a program of instruction involving the drawing, photographing, or sculpting of live models exposing specified anatomical areas; instruction is offered in a series of at least two classes; the instruction is offered indoors; an instructor is present in the classroom while any participants are present; and preregistration is required at least twenty-four (24) hours in advance of participation in the class.

"Operate an adult-oriented business" means the supervising, managing, inspecting, directing, organizing, controlling, or in any way being responsible for or in charge of the premises of an adult-oriented business or the conduct of activities occurring on such premises.

"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-oriented business or the conduct of activities occurring on such premises.

"Owner" means all persons having a direct or indirect investment in an adult-oriented business; provided, however, where such investment is held by a corporation, for the purposes of this chapter, all officers and directors of a corporation and all stockholders holding more than five percent of the stock of such corporation shall be deemed to be an owner.

"Permittee" means the person to whom an adult-oriented business permit is issued.

"Person" means any individual, firm, association, partnership, limited liability company, corporation, or other form of entity.

"Regular and substantial course of conduct" means:

1. Devoting more than fifteen (15) percent of the total display area to the display of sexually oriented merchandise or sexually oriented material; or

2. Presenting any type of live entertainment characterized by an emphasis on specified sexual activity or specified anatomical areas on any four or more separate days within any thirty (30) day period; or

3. Deriving at least fifty (50) percent of gross receipts from the sale, trade, display, or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

"Sexually oriented material" means any element of sexually oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, or other written, oral, or visual representation which, for purposes of sexual arousal, provides depictions which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

"Sexually oriented merchandise" means sexually oriented implements and paraphernalia including but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery-operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity.

"Specified anatomical areas" means any of the following:

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

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

"Specified sexual activities" means:

1. Human genitals in a state of sexual stimulation or arousal; and/or

2. Acts of human masturbation, sexual stimulation, or arousal; and/or

3. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; and/or

4. Masochism, erotic or sexually-oriented torture, beating, or the infliction of pain; and/or

5. Human excretion, urination, menstruation, vaginal or anal irrigation; and/or

6. Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast;

7. The presence of any person who engages in any specified sexual activity; or who exposes any specified anatomical area; or who performs in attire commonly referred to as pasties or a G-string, or any other opaque covering which covers only the areola or nipples of the female breast, and, while covering the natal cleft and pubic area, covers less than one inch on either side of the entire length of the natal cleft and two inches across the pubic area.

(Ord. 184 § 2 (part), 2005)

It is unlawful for any person to establish or operate any adult-oriented business within the city without first obtaining, and continuing to maintain in full force and effect, an adult-oriented business permit and a business license from the city.

(Ord. 184 § 2 (part), 2005)

A. Application. Any person desiring to obtain an adult-oriented business permit shall make application to the City Manager upon the form provided by the city. An applicant for a permit shall include all owners of the proposed adult-oriented business. The applicant shall also furnish the following information and items:

1. Name and address;

2. The previous residential addresses of all individuals, if any, for a period of five years immediately prior to the date of filing the application and the dates of residence at each;

3. Written proof that all individuals are at least eighteen (18) years of age;

4. The history of the applicant as to the operation of any adult-oriented business or similar business or occupation within five years of the filing of the application. Such information shall include, but shall not be limited to, a statement as to whether or not such person, in operating an adult-oriented business under a permit or license, has had such permit or license revoked or suspended, and the reasons for any revocation or suspension;

5. All criminal convictions or offenses described in Section 5.08.060(B)(11) of this chapter; and whether the applicant is required to register under the provisions of Section 290 of California Penal Code or Section 11590 of the California Health and Safety Code;

6. Authorization for the city, its agents, and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit;

7. The height, weight, and color of eyes and hair of all individuals;

8. Fingerprints and two prints of a recent passport-size photograph of all individuals;

9. Business, occupation, or employment history of the applicant for the five years immediately preceding the date of the application;

10. A nonrefundable deposit or fee as set forth by ordinance or resolution of the City Council;

11. A narrative description of the proposed business explaining how such business complies or will comply with the applicable development and operational standards specified in Section 5.08.060 of this chapter;

12. A site plan designating the building or unit proposed for the adult-oriented business and a dimensional interior floor plan depicting how the business complies or will comply with the applicable development and operational standards specified in Section 5.08.060 of this chapter. The site plan and interior floor plan need not be professionally prepared, but must be drawn to a designated scale or to an accuracy of plus or minus six inches;

13. lf the applicant is a partnership, limited liability company, or corporation, documentary proof that such entity was duly formed, and is authorized to do business and is in good standing in the state of California;

14. If the applicant does not own the lot or parcel on which the adult-oriented business will operate, the property owner or lessor of the premises, as applicable, shall consent to the filing of the application by signing and dating the application. If the property owner or lessor is more than one natural person, one such person shall sign the application. If the property owner or lessor is a legal entity, a general partner, officer, director, member, or other authorized person thereof shall sign the application;

15. A statement in writing and dated by the applicant certifying under penalty of perjury that the information contained in the application is true and correct; and

16. Such other information as the City Manager may reasonably deem necessary.

B. Determination of Completeness. The City Manager shall determine whether the application contains all the information and items required by the provisions of this chapter. If it is determined that the application is not complete, the applicant shall be notified in writing within ten (10) business days of the date of receipt of the application that the application is not complete and the reasons therefor, including any additional information necessary to render the application complete. The applicant shall have thirty (30) calendar days to submit additional information to render the application complete. Failure to do so within the thirty (30) day period shall render the application void. Within five business days following the receipt of an amended application or supplemental information, the City Manager shall again determine whether the application is complete in accordance with the procedures set forth in this subsection. Evaluation and notification shall occur as provided in this subsection until such time as the application is found to be complete. The applicant shall be notified within five days of the date the application is found to be complete (hereafter the "application date"). All notices required by this chapter shall be deemed given upon the date any such notice is either deposited in the United States mail or the date upon which personal service of such notice is provided.

(Ord. 184 § 2 (part), 2005)

A. Within sixty (60) days of the application date, the City Manager shall either issue the permit or send by certified mail, return receipt requested and postage prepaid, a written statement to the applicant setting forth the reasons for denial of the permit. If the City Manager has not issued a decision on the application within sixty (60) days of the application date, the applicant shall be entitled to engage in the proposed adult-oriented business for which a permit was sought subject to strict compliance with the remaining provisions of this chapter, unless and until the City Manager notifies the applicant of a denial of the application and states the reasons for denial of a permit.

B. The City Manager may deny the application for any of the following reasons:

1. An applicant has made one or more material misstatements in the application; or

2. The adult-oriented business, if permitted, will not comply with all applicable laws, including, but not limited to, the zoning, building, health, housing, and fire codes of the city; or

3. An applicant has been convicted within three years of the application date of an offense specified in Section 5.08.060(B)(11) of this chapter; or

4. An applicant or any operator has had a permit or license for an adult-oriented business denied, revoked, or suspended for cause by any city, county, or state within three years of the application date; or

5. An applicant is under eighteen (18) years of age.

C. The decision of the City Manager to issue or deny a permit shall be final and conclusive, unless timely judicial review is sought pursuant to Code of Civil Procedure Section 1094.8. The applicant may elect to have the city bring an action pursuant to Section 1094.8 by filing written notice of such election with the City Clerk within ten (10) days after written notice of the City Manager's decision is deposited in the mail.

(Ord. 184 § 2 (part), 2005)

A. Development Standards.

1. 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 Chino Hills.

2. All off-street parking areas and premises entries of the adult-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 adult-oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. A lighting and lighting maintenance plan shall be submitted at the time of application for a permit.

3. The premises within which the adult-oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside such 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.

4. The building entrance to an adult-oriented business shall be clearly and legibly posted with a notice indicating that persons under eighteen (18) years of age are precluded from entering the premises. Such notice shall be constructed and posted to the satisfaction of the Community Development Director or designee. No person under the age of eighteen (18) years shall be permitted within the premises at any time.

5. All indoor areas of the adult-oriented business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.

6. The adult-oriented business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance, and cleaning of the restroom facilities. The foregoing requirements do not apply to single-user toilet facilities. The restrooms shall be free from any sexually oriented material. Restrooms 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 an adult-oriented business which deals exclusively with the sale or rental of sexually oriented material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its patrons or the general public.

7. No residential structure shall be converted for use as an adult-oriented business.

8. No adult-oriented business shall be located in any temporary or portable structure.

9. The building in which an adult-oriented business is located must comply with all applicable setbacks and parking requirements.

B. Operational Standards.

1. No adult-oriented business shall operate or be open for business between the hours of 2:00 a.m. and 9:00 a.m.

2. No owner, operator, or other person in charge of any adult-oriented business shall employ or permit to be employed any person who is not at least eighteen (18) years of age.

3. No owner or operator of an adult-oriented business shall allow, permit, suffer, or tolerate any person under the age of eighteen (18) years to enter, be in, or remain in any adult entertainment business. The age of persons who enter the premises shall be determined by checking the driver's license or other authorized identification of such person.

4. No adult-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.

5. No alcoholic beverages shall be served, consumed, or sold on the premises of an adult-oriented business.

6. Any adult-oriented business which is also an adult motion picture arcade shall comply with the following provisions:

a. 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. 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 a direct line of sight from the manager's station.

b. The view area specified in subsection (B)(6)(a) 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.

c. No viewing room may be occupied by more than one person at any one time.

d. 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.

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

f. 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's adult-oriented business permit.

7. All areas of the adult-oriented business shall be illuminated at a minimum of the following footcandles, minimally maintained and evenly distributed at ground level:

8. The following additional requirements shall pertain to adult-oriented businesses providing live entertainment or entertainers displaying specified anatomical areas or involving in specified sexual activities:

a. No person shall perform adult live entertainment or display specified anatomical areas for patrons of an adult-oriented business except upon a permanently fixed stage at least eighteen (18) inches above the level of the floor, and which is separated by a distance of at least four feet horizontally from the nearest area occupied by patrons. No patron shall be permitted within four feet of the stage while the stage is occupied by an entertainer. No on-stage entertainer or on-stage adult cabaret dancer shall have physical contact with any patron, and no patron shall have physical contact with any on-stage entertainer or on-stage adult cabaret dancer.

b. The adult-oriented business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use.

c. The adult-oriented business shall provide an entrance/exit for entertainers which is separate from the entrance/exit used by patrons.

d. The adult-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 adult-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.

e. As to off-stage performances, no entertainer shall perform adult live entertainment characterized by the exposure of specified anatomical areas or engaging in specified sexual activities off-stage. As to an adult cabaret dancer performing off-stage, a distance of at least two feet shall be maintained between the adult cabaret dancer and patron(s) at all times. As to off-stage performances, no adult cabaret dancer shall have physical contact with any patron, and no patron shall have physical contact with any adult cabaret dancer while the adult cabaret dancer is performing on the premises. This prohibition does not extend to incidental touching.

f. In addition, while on the premises, no entertainer or adult cabaret dancer shall have physical contact with a patron, and no patron shall have physical contact with an entertainer or adult cabaret dancer, which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks, perineum, anal region, or female breast with any part or area of any other person's body either before or after any live entertainment by such entertainer or adult cabaret dancer. Patrons shall be advised of the no-touching requirements by signs and, if necessary, by employees, entertainers, or adult cabaret dancers of the establishment.

g. Fixed rail(s) at least thirty-six (36) inches in height shall be maintained, establishing the separations between entertainers and patrons required by this subsection.

h. No patron shall directly pay or give any gratuity to any entertainer or adult cabaret dancers, and no entertainer or adult cabaret dancers shall solicit any pay or gratuity from any patron. If patrons wish to pay or tip entertainers or adult cabaret dancers, payment or tips may be placed in receptacles. Patrons shall not throw moneys to entertainers or adult cabaret dancers, hand moneys directly to entertainers or adult cabaret dancers, place moneys in the entertainers' or adult cabaret dancers' costumes, or otherwise throw moneys on the stage. Patrons shall be advised of these tipping and gratuity requirements by signs conspicuously placed on the premises. If necessary, patrons shall also be advised of the tipping and gratuity requirements by employees or independent contractors of the adult business.

i. No owner or operator of an adult-oriented business shall permit any person on the premises of the adult-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. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical areas required to be covered.

j. All employees of adult-oriented businesses which offer adult live entertainment, other than performers while performing on the permanently fixed stage, shall, at a minimum while on or about the licensed premises, wear an opaque covering which covers their specified anatomical areas.

9. Adult-oriented businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards:

a. Adult-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 (35) persons, an additional security guard shall be on duty.

b. Security guards for other adult-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 this chapter from occurring on the premises.

c. 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.

10. Every adult-oriented business that provides live entertainment or entertainers depicting specified anatomical areas or involving in specified sexual activities must maintain a register of all persons so performing on the premises. The register shall contain the following information:

a. Name, current residential address, and telephone number;

b. Date of birth;

c. Social Security number;

d. Height, weight, and color of eyes and hair;

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

f. Dates and times of all performances.

Such register shall be available for inspection at the premises during regular business hours by any police officer or health officer of the city of Chino Hills. The above information shall be maintained for each person for a period of three years following termination of employment or cessation of performance at the premises.

11. No owner or operator of any adult-oriented business shall have been convicted within the past three years of any of the following offenses or convicted of an offense without the state of California that would have constituted any of the following offenses if committed within the state of California: Sections 243.4, 261, 266(a) through (j), inclusive, 267, 314, 315, 316, 318, or subdivisions (a), (b), and (d) of Section 647 of the California Penal Code; any offense requiring registration under provisions of either Section 290 of the California Penal Code or Section 11590 of the California Health and Safety Code; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing, or giving away of a controlled substance specified in Section 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code, as those sections may hereafter be amended.

12. No owner, operator, employee, or entertainer of an adult-oriented business shall personally solicit, or shall permit personal solicitation of, motorists or pedestrians in the vicinity of the adult-oriented business.

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

(Ord. 184 § 2 (part), 2005)

(Ord. No. 397, § 6, 7-11-2023)

The requirements described in Section 5.08.060 of this chapter shall be deemed conditions of an adult-oriented business permit approval, and failure to comply with every such applicable requirement shall be grounds for revocation of the permit issued pursuant to this chapter.

(Ord. 184 § 2 (part), 2005)

An adult-oriented business permit shall be valid for a period of one year from the date of issuance.

(Ord. 184 § 2 (part), 2005)

An adult-oriented business permit shall be renewed on a year-to-year basis, provided that the permittee and the adult-oriented business continue to meet all applicable requirements set forth in this chapter. A request for permit renewal must be accompanied by an adult-oriented business permit application, completed in full detail with current information. The application and appropriate fee must be received by the city at least forty-five (45) calendar days prior to the expiration of the existing permit. A request for a permit renewal shall be processed in the same manner as the original application.

(Ord. 184 § 2 (part), 2005)

No adult-oriented business permit shall be sold, transferred, or assigned, by any permittee or by operation of law, to any other person unless and until the transferee obtains an amendment to the permit from the City Manager stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the City Manager in accordance with Section 5.08.040 of this chapter (including payment of the applicable application fee), and the City Manager determines in accordance with Section 5.08.050 of this chapter that the transferee would be entitled to the issuance of an original permit. Without such amendment to the permit, any other purported sale, transfer, or assignment or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of the permit and the permit shall be thereafter null and void. An adult-oriented business permit held by a corporation, partnership, or limited liability company is subject to the same rules of transferability as contained in this section. An adult-oriented business permit shall be valid only for the exact location specified in the permit.

(Ord. 184 § 2 (part), 2005)

A. Inspections. Any and all investigating officials of the city shall have the right to enter the premises of an adult-oriented business from time to time during regular business hours to make reasonable inspections, to observe and enforce compliance with building, fire, electrical, plumbing, or health regulations, and to ascertain whether there is compliance with the provisions of this chapter.

B. Revocation Grounds. The City Manager may revoke an adult-oriented business permit when:

1. Any of the applicable requirements of this chapter ceases to be satisfied; or

2. The application is discovered to contain incorrect, false, or misleading information; or

3. An owner is convicted of a felony or misdemeanor occurring upon, or relating to the premises or lot upon which the adult-oriented business is located, which offense is one of those listed in Section 5.08.060(B)(11) of this chapter; or

4. Any operator, employee, agent, or contractor of the permittee is convicted on two or more occasions within a twelve (12) month period of a felony or misdemeanor occurring upon, or relating to, the premises or lot upon which the adult-oriented business is located, which offense is one of those listed in Section 5.08.060(B)(11) of this chapter; or

5. The permittee, operator, or any employee, agent, or contractor has knowingly allowed prostitution, or solicitation for prostitution, on the premises; or

6. The permittee, operator, or any employee, agent or contractor has knowingly allowed the premises to be used as a place where a controlled substance has been illegally consumed, sold, or exchanged; or

7. The adult-oriented business has been operated in violation of any of the requirements of this chapter; and

a. If the violation is of a continuous nature, the business continues to be operated in violation of such provision for more than ten (10) days following the date written notice of such violation is mailed or delivered to the owner; or

b. If the violation is of a noncontinuous nature, two or more additional violations of the same provision, or four or more violations of any other of the provisions of this chapter occur (regardless of whether notice of each individual violation is given to the permittee) within any twelve (12) month period.

C. Revocation Notice. Upon determining that grounds for permit revocation exist, the City Manager shall furnish written notice of the proposed revocation to the permittee. Such notice shall summarize the principal reasons for the proposed revocation and shall state that the revocation shall become effective on the twentieth (20th) day after the notice was deposited in the U.S. mail, unless the permittee files an appeal in accordance with Section 5.08.120 of this chapter. The notice shall be delivered both by posting the notice at the location of the adult-oriented business and by sending the same by certified mail, return receipt requested and postage prepaid, to the permittee as that name and address appears on the permit.

(Ord. 184 § 2 (part), 2005)

A. In the event the City Manager gives notice of an intended revocation of a permit, the permittee may appeal the City's Manager's decision to the City Council by filing with the City Clerk a complete notice of appeal within fifteen (15) days from the date notice of such intended revocation is mailed to the permittee. To be deemed complete, the appeal shall be in writing, shall be signed under penalty of perjury by at least one person who signed the application for the adult-oriented business permit, shall state the grounds for disagreement with the City Manager's stated reasons for revocation, shall include the address to which notice is to be mailed, and shall be accompanied by the filing fee established by resolution of the City Council.

B. If such an appeal is timely filed, the revocation of the permit shall be stayed until a final decision is rendered on the appeal. The City Council shall, at the next regularly scheduled City Council meeting held more than five days after receipt of such notice of appeal, review the matter and shall determine whether the City Council or a hearing officer will hear the appeal.

C. Once a determination is made, either the City Council or the hearing officer, as the case may be, shall set a date, not less than five days or not more than twenty-one (21) days from the date such determination is made by the City Council for the hearing of the appeal. The hearing may be continued for good cause. The hearing shall be a de novo hearing on the action appealed from.

D. Upon the conclusion of such hearing, the City Council or the hearing officer, as the case may be, may uphold such revocation or may order the reinstatement of such permit.

E. If the hearing is conducted by a hearing officer, the hearing officer shall cause a transcript of the hearing to be taken and shall issue findings and determinations in writing within ten (10) days of the conclusion of the hearing. The written findings and determinations shall be delivered or mailed to the permittee and shall be effective within five days following the date of mailing, unless such appeal is heard by the hearing officer and revocation is upheld, and within such five-day period the permittee files with the hearing officer and the City Clerk a demand for City Council review.

F. If such a demand for review is filed, the City Council shall, at the next regularly scheduled Council meeting held more than five days after the filing of such demand, review the transcript of the hearing proceedings, and, at the conclusion of such review, may uphold such revocation or may order that the permit be reinstated. Such review shall be comprised of a review of the entire record, including the transcript of the hearing proceedings, and any oral or written arguments which may be offered to the City Council. No additional testimony shall be taken.

G. In the event such revocation is upheld by the City Council, the City Clerk shall deposit in the U.S. mail, certified, return receipt requested, postage prepaid, addressed to the permittee at the address shown on the appeal, written notice of the decision, including findings of fact upon which the decision was based. Otherwise, the appeal shall be deemed sustained and the permittee shall be entitled to continue to operate the adult-oriented business subject to the provisions of this chapter. The action by the City Council shall be final and conclusive, unless timely judicial review is sought pursuant to California Code of Civil Procedure Section 1094.8.

H. In the event a timely action or proceeding is brought pursuant to Section 1094.8, the decision to suspend or revoke the permit shall be stayed automatically, pending a final decision on the merits by the trial court. As used in this subsection, final decision on the merits does not include rehearing or appellate procedures. The appellant may elect to have the city bring an action pursuant to Section 1094.8 by filing written notice of the election with the City Clerk within ten (10) days after written notice of the decision was deposited in the U.S. mail pursuant to this subsection.

(Ord. 184 § 2 (part), 2005)

A. Reapplication After Denial. An applicant for a permit under this chapter whose application for such permit has been denied may not reapply for a permit for a period of one year from the date such notice of denial may be deposited in the mail or received by the permittee, whichever occurs first. However, a reapplication prior to the termination of one year may be made if accompanied by evidence that the ground or grounds for denial of the application no longer exist.

B. Reapplication After Revocation. No person may obtain an adult-oriented business permit for two years from the date any order of permit revocation affecting such person has become final.

(Ord. 184 § 2 (part), 2005)

Any adult-oriented business established, operated, or maintained contrary to the provisions of this chapter is unlawful and a public nuisance, and the City Attorney may commence an action or actions, proceeding or proceedings for the abatement, removal, and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such adult-oriented business and restrain and enjoin any person from establishing, operating, or maintaining an adult-oriented business contrary to the provisions of this chapter or such other laws.

(Ord. 184 § 2 (part), 2005)

The provisions of this chapter regulating adult-oriented businesses are not intended to be exclusive, and compliance therewith shall not excuse noncompliance with any other applicable regulations pertaining to the operation of businesses adopted by the City Council.

(Ord. 184 § 2 (part), 2005)