Chino Municipal Code Ch. 5.05 Adult-Oriented Businesses

A. One of the important purposes of the regulations set forth in this chapter is to discourage and to minimize the opportunity for criminal conduct. As such, nothing in this chapter shall be interpreted to permit any use, conduct, and/or activity that is specifically prohibited under the following California Penal Code ;b0;

Sections:

1. Receipt of money for placement of a person for purposes of cohabitation (Penal Code Section 266d);

2. Purchase of a person for purposes of prostitution or placement of person for immoral purposes (Penal Code Section 266e);

3. Sale of a person for immoral purposes (Penal Code Section 266f);

4. Pimping (Penal Code Section 266h);

5. Pandering (Penal Code Section 266i);

6. Lewd or obscene conduct (Penal Code Section 314);

7. Houses of ill fame (Penal Code Section 315);

8. Disorderly houses that disturb the immediate neighborhood (Penal Code Section 316);

9. Places of prostitution (Penal Code Section 317); and

10. Place of prostitution; place of lewdness; place used as bathhouse permitting conduct capable of transmitting AIDS (Penal Code Section 11225).

B. Nothing in this chapter shall be interpreted to permit any use, conduct, or activity that violates any federal, state or local law or regulation.

C. A "sexual encounter establishment" is not a permitted use. For purposes of these regulations, a sexual encounter establishment means any business or commercial establishment that as one of its important business purposes offers for any form of consideration a place where two or more persons may congregate, associate or consort for the purpose of specified sexual activities when one or more of the persons of the establishment is in a state of nudity or where two or more persons may congregate, associate, or consort for the purpose of the exposure of specified anatomical areas where one of the patrons of the establishment is in a state of nudity or state of semi-nudity. The definition of sexual encounter establishment shall not include an establishment where a medical practitioner, physiologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

(Ord. 2003-04 § 2 (part), 2003.)

It is the purpose of this chapter to regulate adult-oriented businesses to promote the health, safety and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent deleterious effects of adult-oriented businesses within 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 or effect of this chapter to in any way condone or legitimize the distribution of obscene or harmful materials to minors.

(Ord. 2003-04 § 2 (part), 2003.)

The following uses and/or activities shall be classified as "adult-oriented businesses":

A. Adult arcades;

B. Adult bookstores;

C. Adult cabarets;

D. Adult hotels and motels;

E. Adult motion picture arcades;

F. Adult novelty stores;

G. Adult theaters;

H. Adult video stores;

I. Massage establishments; and

J. Nude model studios.

(Ord. 2003-04 § 2 (part), 2003.)

For purposes of this chapter, certain words and phrases are defined as follows:

A. The term "adult-oriented business" includes any of the following:

1. Any business, whether or not identified specifically in this chapter, that is conducted exclusively for the patronage of adults and from which minors are specifically excluded either by law or by the operators of such business, except any business licensed by the State Department of Alcoholic Beverage Control, if such business is strictly limited to the sale of alcoholic beverage and foods; or

2. Any business, whether or not identified specifically in this chapter, where employees or patrons expose "specified anatomical areas," or engage in "specified sexual activities"; or

3. Any business or establishment, whether or not identified specifically in this chapter, that offers its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to "specified sexual activities" or "specified anatomical areas."

B. Adult-oriented businesses shall include, but shall not be limited to, the following:

1. "Adult arcade" means an establishment where at least twenty-five percent of the volume of the business involves the maintaining of one or more electronically or mechanically controlled still or motion picture projectors, slide projectors, video or laser disc players, or other image-producing machines, for the viewing of films, motion pictures, video cassettes, video discs, slides or other photographic reproductions which are distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

2. "Adult bookstore" and "adult novelty store" means an establishment that has at least twenty-five percent of the volume of its stock-in-trade and offers for sale or rent for any form of consideration any one or more of the following:

a. Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes, video discs, slides or other visual representations that are characterized by an emphasis upon the depiction or description of "specified anatomical areas" or "specified sexual activities";

b. Instruments, devices or paraphernalia that are designed for use in connection with "specified sexual activities" or adult-oriented devices;

c. Goods that are replicas of, or that stimulate "specified anatomical areas" or goods, with the exception of normal outer and undergarments, that are designed to be placed on "specified anatomical areas" to cause sexual excitement.

3. "Adult cabaret" means a nightclub, theatre, bar, restaurant or similar establishment that features live performances (by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers or similar entertainers) that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities," or features films, motion pictures, video cassettes, video discs, slides or other photographic reproductions that are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas."

4. "Adult hotel" and "adult motel" mean a motel or similar establishment offering public accommodations for any form of considerations that provide patrons with closed circuit television transmissions, films, motion pictures, video cassettes, video discs, slides, or other photographic reproductions that are characterized by an emphasis on the depiction of "specified sexual activities" or "specified anatomical areas."

5. "Adult motion picture arcade" means an establishment where, for any form of consideration, films, motion pictures, video cassettes, video discs, slides or similar photographic reproductions are shown, and in that at least twenty-five percent or more of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas."

6. "Adult-oriented devices" means without limitation any artificial or simulated specified anatomical area or other device or paraphernalia that is designed in whole or part for "specified sexual activities."

7. "Adult theater" means a theatre, concert hall, auditorium or similar establishment that, for any form of consideration, features twenty-five percent or more live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

8. "Adult video store" means a commercial establishment where a significant or substantial portion of the business involves the use, rental, purchase, viewing or perusal of video cassettes, video discs, photographs, films, motion pictures, or similar video reproductions that are distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

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

10. "Employee" means a person who works or performs in and/or for an adult-oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of the business.

11. "Encounter center" or "rap studio" means an establishment, other than a hotel, motel or similar establishment offering public accommodations, that, for any form of consideration, provides a place where two or more persons may congregate, associate or consort in connection with "specified sexual activities" or the exposure of "specified anatomical areas." This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state of California engages in sexual therapy.

12. "Establishment" includes any of the following:

a. The opening or commencement of a business as a new business;

b. The conversion of an existing business, whether or not an adult-oriented business, to any of the classifications of adult-oriented businesses defined in Section 5.18.010;

c. The addition of any of the adult-oriented businesses defined in this chapter, to any of the adult-oriented businesses defined in this chapter;

d. The relocation of any of the adult-oriented businesses defined by this chapter to any other existing adult-oriented business; or

e. The substantial enlargement of an adult-oriented business.

13. "Nude" or "state of nudity" means the display, appearance or showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering or the showing of the covered male genitals in a discernibly turgid state.

14. "Nude model studio" includes any premises or mobile facility where there is conducted the business or transaction of furnishing, providing or procuring figure models who pose or dance for the purpose of being observed or viewed by any person, or being sketched, painted, drawn, sculpted, photographed, filmed, videotaped or otherwise similarly depicted in the nude before persons who pay a fee or any other thing of value, as consideration, compensation or gratuity, for the right or opportunity to so observe a figure model, or for admission to, permission to, or as a condition of, remaining on the premises. "Nude model studio" does not include any studio or classroom that is operated by any public agency, or any public or private educational institution authorized under California Education Code Section 94300, et seq., to issue and confer a diploma or degree.

15. "Operator" means and includes the owner, permittee, custodian, manager or person in charge of any adult-oriented business.

16. "Permitted premises" means any premises that require an adult-oriented business permit.

17. "Permittee" means a person in whose name a permit to operate an adult-oriented business has been issued, as well as the individual listed as an applicant on the application for a permit.

18. "Person" means an individual, proprietorship, partnership, corporation, association or other legal entity.

19. "Public building regularly frequented by children" means any building owned, leased or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, that building is used as a library, community center, children's center, or any other use having special attraction to children, or that building is often visited by children for social activities unaccompanied by their parents or other adult custodians.

20. "Public park" or "recreation area" means public land that has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space, wilderness areas, or similar public land within the city that is under the control, operation or management of the city park and recreation authorities.

21. "Regularly features" with respect to an adult theater, adult cabaret or adult motion picture arcade, means a regular and substantial course of conduct. The fact that a live performance or film that is distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities is exhibited on two or more occasions within a thirty-day period; three or more occasions within a sixty-day period; or four or more occasions within a one hundred and eighty day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

22. "Religious institution" means any church, synagogue, mosque, temple or building that is used primarily for religious worship and related religious activities.

23. "Residential district" means an area zoned for single-family homes, duplexes, townhomes, multiple-family residences, mobilehome parks or subdivisions and recreational vehicle parks, as defined in the Chino zoning ordinance.

24. "School" means any public or private educational facility including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, secondary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools; secondary schools, continuation schools, special education schools, junior colleges and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.

25. "Semi-nude" or "state of semi-nudity" means the display, appearance, or showing of a female breast below a point immediately above the top of the areola and/or a state of undress that less than completely and opaquely covers human buttock, anus, male or female genitals, pubic region or a female breast below a point immediately above the top of the areola.

26. "Significant or substantial portion" means such a percentage of a business' activities, space allocation, revenues, advertising targeting, stock-in-trade, floor or display space, business receipts, revenues, or other business undertakings as to indicate to a reasonable person that the adult-oriented portion of the business is one of its important activities, though not necessarily its only or even primary activity.

27. "Specified anatomical area" means and includes any of the following:

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

b. The human male genitals in a discernibly turgid state, even if completely and opaquely covered.

28. "Specified sexual activities" means and includes any of the following:

a. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

b. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; or

c. Excretory functions as part of or in connection with the fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts, sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy.

29. "Transfer of ownership or control of an adult-oriented business" means and includes any of the following:

a. The sale, lease or sublease of the business;

b. The transfer of securities that constitute a controlling interest in the business; whether by sale, exchange or similar means; and/or

c. The establishment of a trust, gift or other similar legal device that transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.

C. "Adult-oriented performer" shall mean any person who, in any capacity, whether as an employee, contractor, volunteer or otherwise, provides any type of entertainment or performs any service that includes or focuses in any way on "specified sexual activities" or exposes "specified anatomical areas" or performs any service while in a nude or semi-nude state.

(Ord. 2007-02 § 2, 2007; Ord. 2003-04 § 2 (part), 2003.)

No person shall operate, maintain, manage or conduct an adult-oriented business without a valid adult-oriented business permit issued by the city for the particular type of adult-oriented business. No person shall perform in an adult business without a valid adult-oriented performer permit issued by the city.

(Ord. 2003-04 § 2 (part), 2003.)

A. All adult-oriented businesses must have a valid adult-oriented business permit from the city. Failure to do so shall constitute a misdemeanor.

B. To obtain an adult-oriented business permit, the applicant shall make application to the city manager or his designee on a form provided by the city manager or his designee. Prior to submitting such application, a non-refundable fee, established by resolution of the city council, shall be paid to the city to defray, in part, the cost of the investigation and report required by this chapter. The report, or a copy thereof, shall be supplied to the city manager or his designee at the time such application is submitted.

C. The city's designee is responsible for granting, denying, revoking, renewing, suspending and canceling adult-oriented business permits for proposed or existing adult-oriented businesses.

D. The city's designee shall be the city manager, or any other officer or employee designated in writing by the city manager to administer the provisions of this chapter.

E. An application for a permit must be made on a form provided by the city.

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

1. If the applicant is:

a. An individual, the individual shall state his/her legal name, any aliases, and date of birth;

b. A partnership, the partnership shall state its complete name, and the names of all general partners;

c. A corporation, the corporation shall state its complete name, the names and capacity of all officers, directors and the name and address of the registered corporate agent for service of process.

2. If the applicant intends to operate the adult-oriented business under a name other than that on the application, he/she must state the adult-oriented business's fictitious name.

3. A statement as to whether the applicant or any other individuals identified in the application, excluding any agent for service of process who is not also listed as a director or officer, has had a previous permit under this chapter, or any other similar adult-oriented business ordinance of the city, denied, suspended or revoked, including the name and location of the adult-oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation.

4. A statement as to whether the applicant or any other individuals identified in the application, excluding any agent for service of process who is not also listed as a director or officer, has been a sole proprietor, general partner, officer or director of an adult-oriented business that has had a previous permit under this chapter, or any other similar adult-oriented business ordinance of the city denied, suspended or revoked by the city, including the name and location of the adult-oriented business for which the permit was denied, suspended or revoked, as well as the date of denial, suspension or revocation.

5. The name(s) of the responsible person(s) who will be on the premises to act as manager during the times that the business is open, or a statement that the applicant has not yet selected the manager(s).

6. The classification, as defined in this chapter, of adult-oriented business for which the applicant is seeking a permit.

7. The location of the proposed adult-oriented business, including a legal description of the property, street address, and telephone number(s) currently in service.

8. The applicant's address.

9. A recent photograph of the applicant.

10. The applicant's driver's license or permit number or identification number and social security number and/or the applicant's state or federally issued tax identification number.

11. A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it 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; and

12. Each individual listed on the application pursuant to Section 5.05.035(D), excluding any agent for service or process who is not also listed as a director or officer, shall sign the application.

(Ord. 2003-04 § 2 (part), 2003.)

A. The fact that a person possesses other types of state or city permits and/or licenses does not exempt him/her from the requirement of obtaining an adult-oriented business permit.

B. By applying for a permit under this chapter, the applicant shall be deemed to have consented to the provisions of this chapter and to the exercise by the city, the city manager or his designee, and all other city departments charged with enforcing the laws, ordinances and codes applicable in the city, of their respective responsibilities under this chapter.

C. An operator shall promptly update, correct, or supplement the information contained in the application for an adult-oriented business permit on file with the city as necessary to keep the information contained therein accurate.

(Ord. 2003-04 § 2 (part), 2003.)

Upon receipt of an application properly filed with the city and upon payment of the nonrefundable application fee, the city manager or his designee shall immediately stamp the application as received on that date.

(Ord. 2003-04 § 2 (part), 2003.)

The city manager or his designee shall grant or deny a completed application for an adult-oriented business permit within thirty business days from the date of receipt by the city of a complete application. Upon the expiration of the thirtieth day, unless the city manager or his designee has given written notice to the applicant, the application shall be deemed granted and the operator shall be excused from the requirement that a duly issued permit be posted at the premises until such time as said permit is issued pursuant to this section.

(Ord. 2003-04 § 2 (part), 2003.)

Within thirty business days of receipt of a completed application, the city shall issue an adult-oriented business permit upon verification of the following facts:

A. The location of the business complies with all applicable zoning laws.

B. The configuration of the premises, as set out in the sketch or plan submitted with the application, does not reveal any violation of applicable building, health, zoning, fire, and safety laws of the state and ordinances of the city applicable thereto, including those set out in this chapter.

C. The applicants or individuals identified therein, excluding any agent for service of process who is not also listed as a director or officer, are not otherwise disqualified from lawful operation of an adult-oriented business pursuant to any state, county, federal or local law, including those set out in this chapter.

D. The applicant is eighteen years of age or older.

E. The applicant has provided all information required by this chapter, none of which is known to the city to be incorrect.

F. The application or permit fees required by this chapter have been paid.

(Ord. 2003-04 § 2 (part), 2003.)

If the city manager or his designee denies the application, he/she shall notify the applicant of the denial and state the reason(s) for the denial. Any subsequent application that has been supplemented to cure the grounds for prior denial shall be treated as a new application.

(Ord. 2003-04 § 2 (part), 2003.)

A. The annual fee for an adult-oriented business permit shall be established by resolution of the city council, to partially offset the costs of monitoring and policing the operations of the business entities involved.

B. The city council determines that the actual cost of monitoring and policing each such business is at least that amount.

C. Said fee shall be due yearly on the anniversary of the issuance of the permit and shall be deemed delinquent thirty days thereafter.

(Ord. 2003-04 § 2 (part), 2003.)

A. All performers, as defined herein, must obtain a valid adult-oriented performer permit from the city. Failure to do so shall constitute a misdemeanor.

B. To obtain an adult-oriented performer permit, the individual shall make application to the city manager or his designee on a form provided by the city manager or his designee. Prior to submitting such application, a non-refundable fee, established by resolution of the city council, shall be paid to the city to defray, in part, the cost of the investigation and report required by this chapter. The report, or a copy thereof, shall be supplied to the city manager or his designee at the time such application is submitted.

C. The application for a permit does not authorize the engaging in a performance of live performers depicting specified anatomical areas or involving specified adult-oriented activities.

D. An adult-oriented performer engaged in live entertainment shall provide proof of a valid adult-oriented performer permit upon demand of a police officer or code enforcement officer. Failure to provide proof shall be a violation of this chapter.

E. 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. The applicant's height, weight, hair and eye color and date and place of birth;

3. Present residence address and telephone number;

4. All felony convictions of the applicant within the last five years; all misdemeanor convictions within the last two years of the applicant of any of the offenses set forth in California Penal Code Section 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 appear or may hereafter be amended or renumbered, all offenses requiring registration under California Penal Code Section 290; and the equivalent of the aforesaid offenses outside of the state of California;

5. The social security number and state driver's license or identification number of the applicant;

6. Acceptable written proof that the applicant is at least eighteen years of age;

7. The applicant's fingerprints on a form provided by the police department, and a color photograph clearly showing the applicant's face. The applicant shall pay any required fees for the photographs and fingerprints;

8. The business address and telephone number where the performance will take place; and

9. Any other similar permits obtained in other jurisdictions, including year of issuance and name of jurisdiction.

(Ord. 2003-04 § 2 (part), 2003.)

A. The fact that a person possesses other types of state or city permits and/or licenses does not exempt him/her from the requirement of obtaining an adult-oriented performer permit.

B. By applying for a permit under this chapter, the applicant shall be deemed to have consented to the provisions of this chapter and to the exercise by the city, the city manager or his designee, and all other city departments charged with enforcing the laws, ordinances, and codes applicable in the city, of their respective responsibilities under this chapter.

C. An adult-oriented performer shall promptly update, correct, or supplement the information contained in the application for an adult-oriented performer permit on file with the city as necessary to keep the information contained therein accurate.

(Ord. 2003-04 § 2 (part), 2003.)

Upon receipt of an application properly filed with the city and upon payment of the nonrefundable application fee, the city manager or his designee shall immediately stamp the application as received on that date.

(Ord. 2003-04 § 2 (part), 2003.)

The city manager or his designee shall grant or deny a completed application for an adult-oriented performer permit within thirty business days from the date of receipt by the city of a complete application. Upon the expiration of the thirtieth day, unless the city manager or his designee has given written notice to the applicant, the application shall be deemed granted and the operator shall be excused from the requirement that a duly issued permit be posted at the premises until such time as said permit is issued pursuant to this section.

(Ord. 2003-04 § 2 (part), 2003.)

Within thirty business days of receipt of a completed application, as set forth in Section 5.05.065 and payment of the applicable fees, the city manager or his designee shall issue an adult-oriented performer permit. However, issuance of the permit does not preclude revocation of the permit pursuant to Section 5.05.130 (for adult-oriented performers).

(Ord. 2003-04 § 2 (part), 2003.)

If the city manager or his designee denies the application, he/she shall notify the applicant of the denial and state the reason(s) for the denial. Any subsequent application that has been supplemented to cure the grounds for prior denial shall be treated as a new application.

(Ord. 2003-04 § 2 (part), 2003.)

The annual fee for an adult-oriented performer permit shall be determined by resolution of the city council, to partially offset the costs of monitoring and policing the operations of the performers involved.

(Ord. 2003-04 § 2 (part), 2003.)

The applicant for an adult-oriented business permit or an adult-oriented performers permit shall personally appear during normal business hours at the finance department of the city of Chino and shall pay a non-refundable application fee, established by resolution of the city council, at the time that he or she presents the application containing the aforementioned and described information.

(Ord. 2003-04 § 2 (part), 2003.)

A. Each adult-oriented business permit and adult-oriented performer permit shall expire one year from the date of issuance. The applicant shall make application for renewal to the city manager or his designee on a form provided by the city manager or his designee accompanied by the renewal fee and a copy of the permit to be renewed. The request for renewal shall be made at least thirty days before the expiration date of the permit. When made less than thirty days before the expiration date, the expiration of the permit will not be stayed.

B. If the application conforms to the previously approved application and the adult-oriented business has not changed, the permit shall be renewed by the city manager or his designee for another year. Notice of such renewal shall be given, in writing, to the permittee within ten business days following the date of receipt of the completed renewal application. Any change or alteration in the location, nature or operation of the adult-oriented business will require a new application to be processed in the same manner as the original application. The renewal fee shall be established by resolution of the city council. Applications for renewal shall be acted on as provided herein for action upon applications for permits.

C. The applicant for renewal of an adult-oriented business permit or an adult-oriented performer permit shall personally appear during normal business hours at the finance department of the city of Chino and produce proof that a non-refundable application fee, established by resolution of the city council, has been paid and shall present the application containing the aforementioned and described information.

(Ord. 2003-04 § 2 (part), 2003.)

A. No adult-oriented business permit may be sold, transferred or assigned by a permittee or by operation of law, to any other person or persons, without following the requirements set forth in Section 5.05.115 of this code. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void; provided and excepting, however, that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit, and in such case, the permit, upon notification to the city manager or his designee, shall be placed in the name of the surviving partner. An adult-oriented business permit issued to a corporation shall be deemed terminated and void when there is a change in any officer or director.

1. Any change in the nature or composition of the adult-oriented business from one type of adult-oriented business use to another type of adult-oriented business use shall also render the permit null and void.

B. No adult-oriented business performer permit may be sold, transferred or assigned to any other person or persons.

(Ord. 2003-04 § 2 (part), 2003.)

A. Any attempt to transfer an adult-oriented business permit or an adult performer permit either directly or indirectly in violation of this chapter is hereby declared void, and the permit shall be considered abandoned and shall automatically revert to the city.

B. Any attempt to transfer an adult-oriented business permit or an adult performer permit either directly or indirectly in violation of this chapter shall be a misdemeanor.

(Ord. 2003-04 § 2 (part), 2003.)

A. No adult-oriented business shall move from the location specified on its permit until a change of location fee, established by resolution of the city council, has been deposited with the city, and approval has been obtained from the city manager or his designee. Such approval shall not be given unless all requirements and regulations, as provided herein for applications for permits, have been met.

B. No permittee shall operate, conduct, manage, engage in, or carry on an adult-oriented business under any name other than his name and the name of the business as specified on the applicable permit.

C. Any application for an extension or expansion of a building or other place of business where an adult-oriented business is located shall require inspection and shall comply with the provisions and regulations of this chapter.

(Ord. 2003-04 § 2 (part), 2003.)

No permittee shall perform under any name other than the name specified on his or her permit or in any location other than the location specified on his or her permit.

(Ord. 2003-04 § 2 (part), 2003.)

A. After an investigation, notice and hearing, the city manager or his designee may suspend or revoke an existing permit, or impose such conditions upon the retention of the permit as shall be found to be necessary to assure the preservation of the public health and safety, if the evidence presented establishes that at least one of the following conditions exists:

1. The building, structure, equipment, location or manner of operation of such business does not comply with the requirements of or fails to meet the standards of the health, zoning, fire, and safety laws of the state and ordinances of the city applicable to such business operations; or

2. The permittee, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult-oriented business permit, or in any report or record required to be filed with the city pertaining to the permit for the adult-oriented business, or has violated any rule or regulation duly adopted by the city relating to adult-oriented businesses, including those set out in this chapter; or

3. A court of competent jurisdiction has found that the permittee, his or her employee, agent, partner, director, manager or stockholder has knowingly engaged in or allowed or permitted to be committed any unlawful act that is classified by the state as an offense involving sexual crimes against children, sexual abuse, rape, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to, any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Section 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10 inclusive, 314, 315, 316 or 647, on or in the subject premises; or

4. A court of competent jurisdiction has found that the permittee, his or her employee, agent, partner, director, manager, or stockholder has knowingly engaged in or allowed or permitted to be committed any unlawful act of sexual intercourse, sodomy, oral copulation, masturbation, or distribution of obscenity, on or in the subject premises; or

5. A court of competent jurisdiction has found that the permittee, his or her employee, agent, partner, director, manager, or stockholder has knowingly engaged in or permitted or allowed to occur unlawful solicitations for sexual intercourse, sodomy, oral copulation, masturbation or distribution of obscenity, on or in the subject premises; or

6. A court of competent jurisdiction has found that the permittee, his or her employee, agent, partner, director, manager or stockholder has knowingly engaged in or permitted or allowed, in or on the premises, the unlawful possession, use or sale of a controlled substance, as defined by the California Uniform Controlled Substances Act, California Health and Safety Code Section 11000 et seq., as amended from time to time; or

7. The permittee, his or her employee, agent, partner, director, officer, manager or stockholder has knowingly allowed prostitution, or solicitation for prostitution, knowingly allowed or permitted any act of sexual intercourse; sodomy, oral copulation or masturbation to be committed or allowed in or upon the premises where such adult-oriented business is to be located, or to be used as a place in which solicitations for sexual intercourse, sodomy, oral copulation or masturbation openly occur; or

8. The permittee, his or her employee, agent, partner, director, officer, manager or stockholder has within two years of the date of the application knowingly allowed or permitted any act of sexual intercourse, sodomy, oral copulation, or masturbation to be committed or allowed in or upon the premises where such adult-oriented business is to be located, or to be used as a place in which solicitations for sexual intercourse, sodomy, oral copulation or masturbation openly occur; or

9. On two or more occasions within a twelve-month period, a person has been convicted of a felony or misdemeanor for an offense set forth in this section as a result of such person's activity on the premises or property on which the adult-oriented business is located, and the person was an employee, contractor or agent of the adult-oriented business at the time the offenses were committed; or

10. More than thirty days have elapsed since a tax, fee, fine, any form of regulatory assessment or judgment for monetary damages, irrespective of any other form of relief set out in the judgment, that is to be paid to the city has been imposed against a adult-oriented business, and said sum remains owing; or

11. The permittee has had an adult-oriented business permit or other similar license or permit denied or revoked for cause by this city or any other jurisdiction located in or out of this state prior to the date of application; or

12. The adult-oriented business has been operated in violation of any of the requirements of the Chino Municipal Code.

a. The violation is of a continuous nature (i.e. cannot be remedied by immediate cessation of the activity such as a building or structural violation), the business continues to be operated in violation of such provisions for more than ten days following the date written notice of such violation is mailed or delivered to the owner, or

b. The violation is of a non-continuous nature, two or more violations of the same provision or four or more violations of any other of the provisions of the Chino Municipal Code occur (regardless of whether notice of each individual violation is given to owner) within any twelve-month period.

B. In the event that a permit for an adult-oriented business is revoked pursuant to any applicable law, the premises shall be closed and shall not be used as an adult-oriented business of any classification for a period of one year commencing on the date of revocation. Further, the permittees and operators of the adult-oriented business so closed shall be disqualified from operating any other adult-oriented business established thereafter within the city for a period of one year commencing on the date that the permit was revoked.

C. In the event that a permit for an adult-oriented business is suspended pursuant to any applicable law, the permittees and operators of the subject adult-oriented business shall be disqualified from operating the subject adult-oriented business as well as any other adult-oriented business established thereafter within the city during the entire period of such suspension.

D. Upon determining that grounds for suspension or revocation of the permit exist, the city manager or his designee shall furnish written notice of the determination to the permittee. Such notice shall summarize the principal reasons for the determination.

E. Upon receipt of written notice of the determination, if the permittee files within thirty days a petition for writ of mandate in state court to review the determination, then the city shall not enforce the suspension or revocation unless the superior court has denied the writ or the city has obtained injunctive relief. The notice will be deemed received if the city manager or his designee has placed the notice in first class mail and the notice is not returned within ten days and the city has made a good faith attempt at personal service.

F. If the permittee fails to file a writ of mandate within thirty days of the date of mailing the notice of suspension or revocation, the city shall enforce the suspension or revocation.

(Ord. 2003-04 § 2 (part), 2003.)

A. After an investigation, notice and hearing, the city manager or his designee may suspend or revoke an existing permit, or impose such conditions upon the retention of the permit as shall be found to be necessary to assure the preservation of the public health and safety, if the evidence presented establishes that at least one of the following conditions exists:

1. The adult-oriented performer has made material misrepresentations or false or misleading statements in the application; or

2. The adult-oriented performer or an employee has committed any act of sexual intercourse; sodomy, oral copulation or masturbation in or upon the premises where such adult-oriented business is located; or

3. The adult-oriented performer is convicted of a felony or misdemeanor for an offense that is classified by the state as an offense involving sexual crimes against children, sexual abuse, rape, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to, the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Section 243.4, 261, 261.5, 264.1, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10 inclusive, 314, 315, 316 or 647(a), 653.22; or

4. The adult-oriented performer has violated any of the requirements of the Chino Municipal Code; or

5. The adult-oriented performer has had an adult-oriented performer permit or other similar license or permit denied or revoked for cause by this city or any other jurisdiction located in or out of this state within one year prior to the date of application.

B. Upon determining that grounds for suspension or revocation of the permit exist, the city manager or his designee shall furnish written notice of the determination to the permittee. Such notice shall summarize the principal reasons for the determination.

C. Upon receipt of written notice of suspension or revocation, if the permittee files within thirty days a petition for writ of mandate in state court to review the revocation, then the city shall not enforce the suspension or revocation unless the superior court has denied the writ, or the city has obtained injunctive relief. The notice will be deemed received if the city manager or his designee has placed the notice in first class mail and the notice is not returned within ten days and the city has made a good faith attempt at personal service.

D. If the permittee fails to file a petition for a writ of mandate within thirty days of the date of the mailing of written notice of suspension or revocation, the city shall enforce the suspension or revocation.

(Ord. 2003-04 § 2 (part), 2003.)

Every operator shall permit representatives of the city and/or police, fire or health departments to inspect the premises of an adult-oriented business for the purpose of insuring compliance with the law at any time it is occupied or open for business.

(Ord. 2003-04 § 2 (part), 2003.)

Determinations by the city manager or his designee regarding the issuance or denial of applications for adult-business permits or adult-business performer permits or of revocation of said permits, are deemed to constitute final determinations by the city for purposes of appeal to the superior court of California pursuant to the writ of mandate procedures set forth in California Code of Civil Procedure Section 1084 et seq.

(Ord. 2003-04 § 2 (part), 2003.)

A. Adult-oriented businesses shall only be permitted within the SC, service commercial zone within the city.

B. Adult-oriented businesses shall not be located within one thousand feet of:

1. Any residential or open space zone, or

2. Any church, chapel or similar place of worship or similar facility, or

3. Any school, public or private, park or playground, or

4. Any recreational facility, such as a game arcade, bowling alley, skating ring, or other area where minors regularly travel or congregate whether inside or outside of the Chino city limits; or

5. Any public building frequented by children, as that phrase is defined in this chapter.

C. Adult-oriented businesses shall not be located within two thousand feet of any other adult-oriented business, whether it is located within or outside of the city limits.

D. For the purpose of this section, all distances shall be measured in a straight line without regards to intervening structures, from the nearest property line for which the adult-oriented business will be located to the nearest property line of any lot zoned for residential or open space purposes, or upon which any adult-oriented business, church, park, hospital or educational institution is located.

(Ord. 2003-04 § 2 (part), 2003.)

A. It shall be a misdemeanor for any person under the age of eighteen years or any obviously intoxicated person to enter or remain on the premises of an adult-oriented business at any time except as pursuant to California Penal Code Section 313.2. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the adult-oriented business.

1. Every person having responsibility for the operation of an adult-oriented business who, with knowledge that a person is a minor or who fails to exercise reasonable care in ascertaining the true age of a minor, knowingly allows such minor to enter or remain on the premises of the business is guilty of a misdemeanor.

2. Every person having responsibility for the operation of an adult-oriented business who allows any obviously intoxicated person to enter or remain on the premises of the business is guilty of a misdemeanor.

B. For purposes of this section, the holder of an adult-oriented business permit when present on the premises, and the manager or other person in charge of the premises, are persons having responsibility for the operation of the business. The term "minor" shall mean any person under the age of eighteen years.

(Ord. 2003-04 § 2 (part), 2003.)

A. It shall be unlawful for any owner, operator, manager or permittee in charge of or in control of an adult-oriented business that provides live entertainment depicting specified anatomical areas or involving specified sexual activities to allow any person to perform such entertainment who is not in possession of a valid, unrevoked adult-oriented performer permit.

B. The owner, operator, manager or permittee in charge of or in control of the adult-oriented business that provides live entertainment shall provide proof of a valid adult-oriented performer permit for each individual engaged in live performance upon demand of a police officer or code enforcement officer. Failure to provide proof is a violation of this chapter.

(Ord. 2003-04 § 2 (part), 2003.)

A. Visibility of Interior.

1. The entire interior of an adult arcade, adult bookstore, adult novelty store, adult cabaret, adult motion picture arcade, nude model studio and any nonconforming sexual encounter establishment and the entire concession area of an adult motion picture arcade or adult theater, the entire common areas of an adult hotel or motel, and the entire exhibition area of an adult motion picture arcade or adult theater, shall be visible upon entrance to such areas.

2. Visibility from the entrance shall not be obstructed by any curtain, door, wall, merchandise rack or any other thing.

3. No partially or fully enclosed booths or partially or fully concealed rooms shall be maintained.

4. No patrons shall be permitted access to any area of the premises not visible from the entrance.

B. Exceptions to Visibility Requirements.

1. Section 5.05.165(A) shall not apply to those areas of an adult-oriented business to which only employees are permitted access and patrons are excluded and which cannot be viewed from any area accessible to patrons.

2. Section 5.05.165(A) shall not apply to a restroom; however, no restroom shall contain any merchandise, materials, product, or service referenced in Section 5.05.020.

C. Viewing Booths or Rooms.

1. No viewing room or booth of an adult arcade or adult motion picture arcade may be occupied by more than one person at any time.

2. 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.

3. The floors, seats, walls and other interior portions of all viewing rooms or booths shall be maintained clean and free from waste and bodily secretions.

D. Lighting.

1. The entire premises of every adult arcade, adult bookstore, and nude model studio, and nonconforming sexual encounter establishment shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than two footcandles as measured at the floor level.

E. Posting Permit.

1. A valid adult-oriented business permit duly issued pursuant to this chapter shall be posted in a conspicuous place at or near the entrance to the adult-oriented business so that it can be easily read at all times.

F. Manager on Duty.

1. There shall be a responsible person on the premises to act as manager at all times during which the business is open.

2. At all times that any patron is present inside the premises, at least one manager shall be situated at a location within the premises so as to allow her/him an unobstructed view of the entire area accessible to patrons. Within those adult-oriented businesses lawfully configured to include more than one room accessible to patrons, such as an adult theater with both a concession area and an exhibition area, or various common areas of an adult motel, sufficient additional managers shall be present as necessary to allow management personnel to maintain an unobstructed view of the entirety at all times of all areas accessible to patrons.

3. Every permittee shall ensure that all employees are familiar with the provisions of this chapter as amended from time to time and with all other regulations adopted by the city related to adult-oriented businesses:

G. Required Physical Modification to Premises.

1. An operator of an adult-oriented business shall be permitted a reasonable period of time to make modifications to the business premises if such modifications are made necessary by the implementation of the provisions of this section.

2. The reasonable period of time shall normally be thirty days from the effective date of said ordinance to file the appropriate plans and designs with the city, and up to ninety days thereafter for completion of the modifications.

3. Should modifications be so extensive as to reasonably require a longer period of time, the city manager or his designee may grant a longer period of time for completion of such modifications, in consultation with the city's building officials.

(Ord. 2003-04 § 2 (part), 2003.)

A. Nudity and Semi-nudity Prohibited. It shall be a misdemeanor for an employee of an adult-oriented business, when in a state of nudity or semi-nudity, to be present in any portion of the premises accessible to (a) patron(s). For purposes of this chapter, "patron" means any individual who is not an employee. It also shall be a misdemeanor for any owner, manager, or responsible person of an adult-oriented business to permit any employee, while in a state of nudity or seminudity, to be present in any portion of the premises accessible to (a) patron(s).

B. Nudity and Semi-nudity Permitted in Designated Areas. An employee may perform live entertainment in a state of nudity or semi-nudity on a stage raised at least eighteen inches above the immediate floor level and removed at least six feet from the nearest portion of the premises accessible to the patron(s).

1. No patron shall be permitted within six feet of any stage utilized for such entertainment.

2. A separate dressing room facility, to which no patron shall be permitted access, shall be provided for the exclusive use of the employee(s) performing such entertainment.

3. Access between the dressing room facility and the stage shall be provided for the exclusive use of the employees performing such entertainment and shall be separated from the nearest portion of the premises accessible to the patron(s) by at least six feet.

C. Direct Tipping Prohibited. There shall be no physical contact between any employee in a state of nudity or semi-nudity and a patron. No patron shall directly give any gratuity to any employee while the employee is in a state of nudity or semi-nudity. No employee, when in a state of nudity or semi-nudity, shall solicit or accept any gratuity from any patron. For purposes of this chapter, "gratuity" shall mean any thing of value or potential value, including but not limited to money or tokens. For purposes of this chapter, to "directly give" means to transfer from a patron to the person, or any extension from the person, of a nude or seminude employee. Nothing in this chapter is intended to prohibit the placing by the patron of a gratuity into or onto any item placed or located at least six feet from the nude or seminude employee.

D. California Department of Alcoholic Beverage Control. To the extent that any provision of this chapter is inconsistent with any regulation or rule of the California Department of Alcoholic Beverage Control applicable to an adult-oriented business, the regulation or rule of the California Department of Alcoholic Beverage Control shall control.

(Ord. 2003-04 § 2 (part), 2003.)

A. Lighting.

1. All off-street parking provided for, and entrances to, an adult-oriented business shall be illuminated from dusk to closing hours of operation with a lighting system that provides an average maintained horizontal illumination of one footcandle of light on the parking surface and walkways.

2. The required provision for exterior lighting shall be depicted in the sketch/diagram of the configuration of the premises on file with the city pursuant to the provisions of this chapter.

B. Recorded Surveillance.

1. The operator shall provide a security system that visually records and monitors all off-street parking areas provided for, and entrances to, the adult-oriented business during all times that the business is open or occupied for business. The surveillance equipment utilized shall provide continuous recording for at least a twenty-four hour period, with all recordings maintained for a minimum of seventy-two hours.

2. Immediately upon request, the surveillance recordings for all or any portion of the previous seventy-two-hour period shall be made available to any representative of the Chino Police Department. Such recordings shall be utilized only for purposes of investigating an alleged violation of a local, state or federal law or for the enforcement thereof.

3. The exterior surveillance capacity shall be depicted in the sketch/diagram of the configuration of the premises on file with the city pursuant to the provisions of this chapter.

4. Signs shall be posted in the parking area, near the entrance to the premises, and at a conspicuous location inside the premises in such a manner as to notify the public that the exterior of the premises is subject to recorded surveillance in cooperation with the Chino Police Department.

C. Compliance by Existing Businesses.

1. An operator of an existing adult-oriented business shall be permitted a reasonable period of time to install the lighting and surveillance equipment made necessary by the implementation of the provisions of this section.

2. The reasonable period of time shall normally be thirty days from the effective date of the ordinance codified in this section to amend the sketch/drawing of the configuration of the premises on file with the city in such a manner as to include the required exterior lighting and surveillance capacity; with up to ninety days thereafter to install the proposed lighting and surveillance equipment.

3. In the event the operator reasonably requires a longer period of time to install the surveillance equipment and lighting, the city manager or his designee may grant a longer period of time in consultation with the city's building officials.

(Ord. 2003-04 § 2 (part), 2003.)

A. Each adult business located in a building that contains non-adult businesses shall maintain a separate entrance to the adjacent parking area.

B. The building entrance to the adult-oriented business shall be clearly and legibly posted by a notice indicating that minors are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the city manager or his designee.

C. It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated an adult-oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and knowingly, or with reasonable cause to know, permits, suffers, or allows:

1. Admittance of a person under eighteen years of age to the business premises;

2. A person under eighteen years of age to remain at the business premises;

3. A person under eighteen years of age to purchase goods or services at the business premises;

4. A person who is under eighteen years of age to work at the business premises as an employee; or

5. The entrance to any adult-oriented business shall be designed in a manner that obscures the view of the interior of the premises from minors outside the premises so as to prohibit minors from viewing or seeing any material, conduct or activities that depict, describe or display specified sexual activities or specified anatomical areas.

(Ord. 2003-04 § 2 (part), 2003.)

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

(Ord. 2003-04 § 2 (part), 2003.)

No display or exhibit depicting or describing specified sexual activities or specified anatomical areas shall be placed in, on or at the site of the subject premises in such a manner as to be visible from the exterior of the premises.

(Ord. 2003-04 § 2 (part), 2003.)

A. It is a defense to prosecution for any violation of this chapter that a person appearing in a state of nudity did so in a modeling class operated:

1. By a college, junior college or university supported entirely or partly by taxation;

2. By a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or

3. In a structure:

a. That has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing, and

b. Where, in order to participate in a class, a student must enroll at least three days in advance of the class, and

c. Where no more than one nude model is on the premises at any one time.

B. It is a defense to prosecution for a violation of this chapter that an employee of an adult-oriented business, regardless of whether or not it is permitted under this chapter, exposed any specified anatomical area during the employee's bona fide use of a restroom, or during the employee's bona fide use of a dressing room that is accessible only to employees.

(Ord. 2003-04 § 2 (part), 2003.)

A violation of Section 5.05.025, 5.05.030, 5.05.065, 5.05.105, 5.05.110, 5.05.115, 5.05.120, 5.05.125, 5.05.155, 5.05.0160, 5.05.170, or 5.05.180 of this chapter by any person responsible for committing, causing or maintaining such violation shall constitute a misdemeanor that shall be subject to the provisions set forth in Section 1.12.010(A) of this code, including but not limited to the imposition of any and all criminal penalties set forth herein.

(Ord. 2003-04 § 2 (part), 2003.)

A violation of Section 5.05.35(C), 5.05.070(C), 5.05.140, 5.05.165, or 5.05.175 by any person responsible for committing, causing or maintaining such violation shall constitute an infraction violation that shall be subject to the provisions set forth in Section 1.12.010(B) of this code.

(Ord. 2003-04 § 2 (part), 2003.)

A violation of any section of this chapter identified in Section 5.05.200 or Section 5.05.205, above, by the holder of any city permit and/or city license validly issued pursuant to this or any other chapter shall constitute grounds for modification, suspension and/or revocation of said permit and/or license pursuant to Section 5.05.130 or Section 5.05.135, above, or the provisions set forth in Chapter 5.04.

(Ord. 2003-04 § 2 (part), 2003.)

The city, the city manager, his designee and all other departments and agencies, and all other city officers, agents and employees, charged with enforcement of state and local laws and codes, shall be immune from prosecution, civil or criminal for reasonable, good-faith trespass upon an adult-oriented business while acting within the scope of authority conferred by this chapter.

(Ord. 2003-04 § 2 (part), 2003.)

Nothing in this chapter shall preclude the city from pursuing the remedies provided by any other provision of this code, including but not limited to denial or revocation of certificates of occupancy, issuance of stop work orders, and injunctive relief.

(Ord. 2003-04 § 2 (part), 2003.)