Corona Municipal Code Div. 2 Adult Business Licenses for Operators

As used in this chapter, the following words and phrases shall have the meaning set forth below:

(A) Adult Businesses. An "adult business":

(1) (a) Is any business, where employees or patrons expose specified anatomical areas or engage in specified sexual activities, or any business which offers to 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. Adult businesses do not include bona fide medical establishments operated by properly licensed and registered medical personnel with appropriate medical credentials for the treatment of patients.

(b) In determining whether a use is an adult business, only conduct or activities which constitute a regular and substantial course of conduct or a use which has a majority of its floor area, stock-in-trade, or revenue derived from material characterized by an emphasis on matters depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas shall be considered. Isolated instances of conduct or activities described in this section as characterizing an adult business shall not be considered except where such activities, taken together, constitute a regular and substantial course of conduct;

(2) Shall include, but shall not be limited to, the following:

(a) Adult Arcade. An "adult arcade" means any place to which the public is permitted or invited wherein coin-operated or slug-operated, or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

(b) Adult bookstore, novelty store, video/dvd store. "Adult bookstore, novelty store, video/dvd store," is an establishment which has as a substantial portion of its stock-in-trade, a majority of its floor area or revenue derived from and offering for sale for any form of consideration, any one or more of the following:

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

2. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities; or

3. Goods which are replicas of or which simulate, specified anatomical areas, or goods which are designed to be placed on or in specified anatomical areas, or to be used in conjunction with specified sexual activities to cause sexual excitement.

A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore, adult novelty store or adult/video/dvd store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store or adult/video/dvd store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

(c) Adult Cabaret. An "adult cabaret" is a bar, nightclub or similar establishment which features dancers, strippers or similar entertainers who expose specified anatomical areas of their bodies.

(d) Adult Motel. An "adult motel" means a hotel, motel or similar commercial establishment which:

1. Offers accommodations to the public for any form of consideration; provides patrons with closed- circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions, videos or films, or

2. Offers a sleeping room for rent for a period of time that is less than ten hours, or

3. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.

(e) Adult Motion Picture Theater. An "adult motion picture theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

(f) Adult Tanning Salon. An "adult tanning salon" or "parlor" shall mean a business establishment where patrons receive tanning services in groups of two or more and where patrons or employees of the establishment expose specified anatomical areas. Adult tanning salon or parlor shall also include a business establishment where a patron and an employee of the establishment are nude or expose specified anatomical areas. An adult tanning salon or parlor shall also include a business establishment where the employees thereof are nude or expose specified anatomical areas.

(g) Adult Theater. An "adult theater" is any place, building, enclosure, theater, concert hall, auditorium or structure, partially or entirely used for live performances or presentations, which place, building, enclosure, theater, concert hall, auditorium or structure is used for presenting matter characterized by an emphasis on depicting, exposing, describing or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein. Such place shall also include an adult theater wherein persons are regularly featured appearing in a state of nudity, or which host on-going performances which are characterized by the exposure of specified sexual activities or specified anatomical areas.

(h) Employee. "Employee" means a person who performs any service on the premises of an adult business on a full-time, part-time or contract basis, whether or not the person is denominated as an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of the adult business. Employee does not include a person exclusively on the premises to conduct repair or maintenance for the premises or equipment on the premises or for the delivery of goods to the premises.

(i) Nude Model Studio. A "nude model studio" means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be conversed with or be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons, for any form of consideration. Nude model studio shall not include any classroom of any school licensed under state law to provide art education, while such classroom is being used in a manner consistent with such state license.

(j) Sex Supermarket/Sex Mini-Mall. A "sex supermarket/sex mini-mall" means the establishment or operation of more than one type of adult business or use as defined in this title within the same building.

(k) Sexual Encounter Center. "Sexual encounter center" means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

1. Physical contact in the form of wrestling or tumbling between persons of the opposite sex, or

2. Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or is semi-nude.

(l) Reserved.

(m) Sexually Oriented Business or Adult Business. A "sexually oriented business" or “adult business” is any business not otherwise defined or provided for herein where employees or patrons expose specified anatomical areas or engage in or simulate specified sexual activities, or any business which offers to 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 located, or proposed to be located, within the city.

(B) Appeal. Wherever the reference to an "appeal" being filed or available to be filed, such right of appeal shall also include the right to appeal administrative determinations made by the city manager/designee in accordance with the procedures established in this chapter.

(C) Person. "Person" means and includes person(s), firms, corporations, partnerships, associations or any other forms of business organization or group(s).

(D) Specified anatomical areas. "Specified anatomical areas" shall include any of the following human anatomical areas:

(1) Less than completely and opaquely covered genitals, pubic regions, buttocks, anuses or female breasts 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.

(E) Specified sexual activities. "Specified sexual activities" includes all the following:

(1) The fondling or other erotic touching of the following human anatomical areas: genitals, pubic regions, buttocks, anuses or female breasts;

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

(3) Human masturbation, actual or simulated;

(4) The actual or simulated infliction of pain by one human upon another, or by an individual upon himself or herself, for the purpose of the sexual gratification or release of either individual, as a result of flagellation, beating, striking or touching of an erogenous zone, including without limitation, the thigh, genitals, buttock, pubic region, or, if such person is a female, a breast;

(5) Sexual intercourse, actual or simulated, between a human being and an animal; or

(6) Excretory functions as part of or in connection with any of the activities set forth in subsections (E)(1) through (5), above.

(F) Definitions. In addition to the terms defined above, the following words and phrases shall have the meaning as set forth below:

(1) Couch dance or couch dancing. The term "couch dance" or "couch dancing" means an employee of an adult business intentionally touching any patron while engaged in the display or exposure of any specified anatomical area or while simulating any specified sexual activity.

(2) Establishment. An "establishment" means and includes any of the following:

(a) The opening or commencement of any adult business as a new business;

(b) The conversion of an existing business, whether or not an adult business, to any adult business;

(c) The addition of any adult business to any other existing adult business or to another existing adult business, with or without expansion of floor area;

(d) The relocation of any adult business; or

(e) The expansion or enlargement of the premises by 10% or more of the existing floor area.

(3) Nudity or a state of nudity. "Nudity" or a "state of nudity" means the showing of the human male or female genitals, buttocks, pubic area, vulva, anus, anal cleft or the female breast with less than a fully opaque covering of any part of the areola.

(4) Private viewing area. "Private viewing area" means an area or areas in an adult business designed to accommodate no more than five or less patrons or customers for purposes of viewing or watching a performance, picture, show, film, videotape, slide, movie or other presentation. No private viewing areas shall be established, maintained or authorized, and there shall be no doors, curtains, stalls, or other enclosures creating a private viewing area.

(5) School. "School" means any public or private educational institution which is run by the state or a subdivision thereof or which is licensed by the state to offer pre-school, elementary or secondary academic instruction, including kindergartens, elementary schools, middle or junior high schools, and high schools. For purposes of this definition, Corona Pacific University shall also be considered a “school.”

(6) Semi-nude. "Semi-nude" means the showing of the male genitals or female breast below a horizontal line across the top of the areola at its highest point or the showing of a substantial portion of the male or female buttocks. This definition shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel provided the areola is not exposed in whole or in part.

(7) Specified criminal act. A "specific criminal act" also means "specified criminal acts" and includes sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, the distribution of obscenity; convictions involving the distribution, display or sale of material harmful to minors; prostitution; or pandering. Specified criminal acts excludes those acts which are authorized or required to be kept confidential pursuant to Welfare and Institutions Code Sections 600 to 900.

(8) Straddle dance or straddle dancing. The term "straddle dance" or "straddle dancing" shall have the same meaning as "couch dance" or "couch dancing" as defined in subsection (F)(1) of this section.

(Ord. 2708 § 1, 2004.)

(A) A person commits a misdemeanor, subject to punishment in accordance with § 1.08.025 of this code, if he or she operates an adult business within the city without obtaining all applicable adult business licenses and permits required by the city pursuant to this code.

(B) An application for a license must be made on a form provided by the city. The application shall, at a minimum, require the submittal of the following information:

(1) If the applicant is:

(a) an individual, the individual shall state his/her legal name and any aliases and submit proof of age;

(b) a partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;

(c) a corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation and the State of California, the names and capacity of all officers, directors and controlling stockholders, and the name of the registered corporate agent and the address of the registered office for service of process;

(2) If the applicant intends to operate the adult business under a name other than that of the applicant; he or she must state (a) the adult business’s fictitious name; and (b) submit the required registration documents.

(3) Whether the applicant, or any person with management responsibilities for the adult business, has been convicted of a specified criminal activity as defined in this chapter, and if so, the specified criminal activity involved, the date, place, and jurisdiction of each.

(4) Whether the applicant, or any person with management responsibilities for the adult business, has had a previous license under this chapter or other similar adult business ordinance or regulation from another city or county, denied, suspended or revoked, including the name and location of the adult business for which the license or permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation. In addition, whether the applicant or any person with management responsibilities for the adult business has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this chapter whose license or permit in another city or county has previously been denied, suspended or revoked, including the name and location of the adult business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.

(5) Whether the applicant or any person with management responsibilities for the adult business holds any other licenses under this chapter or other similar adult business from another city or county and, if so, the names and locations of such other licensed businesses.

(6) The type of classification of the license for which the applicant is filing.

(7) The location of the proposed adult business, including a legal description of the property, street address, and telephone number(s), if any. In addition, the application must be accompanied by 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 must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises. The application shall include at a minimum the street address of the principal place of business where business records are kept and any location current or proposed for the adult business in the city. Post office boxes or postal annex addresses shall not be sufficient to meet this requirement.

(8) A recent photograph of the applicant and all persons with management responsibilities for the adult business.

(9) The driver’s license numbers for the applicant and all persons with management responsibilities for the adult business.

(10) A set of fingerprints for the applicant and one set for each person with management responsibilities for the adult business.

(11) A signed and notarized authorization and waiver authorizing the chief of police, the Corona Police Department, or any law enforcement body or authorized law enforcement contractor to verify all of the information on the application.

(12) A statement in writing, signed and dated by the applicant, that he or she certifies under penalty of perjury that all information contained in the application is true and correct.

Notwithstanding the fact that an application filed hereunder may be a "public record" under Government Code Section 6250 et seq., certain portions of such application contain information vital to the effective administration and enforcement of the licensing and/or permit scheme established herein which information is personal, private, confidential or the disclosure of which could expose the applicant to a risk of harm. Such information includes, but is not limited to, the applicant's residence address and telephone number, the applicant's date of birth and/or age, the applicant's driver's license and/or Social Security Number, and/or personal financial data. The City Council in adopting the application and licensing and/or permit system set forth herein has determined in accordance with Government Code Section 6255 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this chapter by ensuring that the applicant's privacy, confidentiality or security interests are protected. The City Clerk shall cause to be obliterated from any copy of a license application made available to any member of the public, the information set forth above.

(C) An adult use planning permit application must also be concurrently filed with the license application. The license application shall contain the same information required of the adult use planning permit. The adult use planning permit application will be processed in accordance with the time limits of §§ 17.41.050, 17.41.060, and 17.41.080 of this code. Before a business regulated by this chapter may commence operation, the applicant must have been issued a valid adult use planning permit or interim adult use planning permit pursuant to Chapter 17.41 of this code.

(D) The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with the law by the city and by the Corona Fire Department.

(E) Any person who wishes to operate an adult business must sign the application for the license as the applicant. If the applicant consists of multiple persons, a firm, corporation, partnership, association or other form of business ownership, then the president or other officer authorized by the incorporation documents or bylaws shall sign the application.

(F) The fact that a person possesses any other valid license issued by the city or the county does not exempt the person from the requirement of obtaining all licenses required by this code for an adult business. A person who operates an adult business and possesses any other city or county license shall comply with the requirements and provisions of this chapter and all city codes as well as the requirements and provisions of such other license.

(Ord. 2708 § 1, 2004.)

(A) Upon receipt of a license application, the city manager or designee shall determine whether it is complete and contains all information required by this section within two days of its receipt. If the application is incomplete, the city manager or designee shall deny the application and immediately inform the applicant in writing of the items needed to complete the application.

(B) The city manager, or designee thereof, shall issue or deny the issuance of a license to an applicant within ten days after receipt of a properly completed and executed application and the concurrently filed and completed application for an adult use planning permit--including an interim adult use planning permit--which shall be processed pursuant to §§ 17.41.050, 17.41.060, and 17.41.080 of this code. The city manager, or designee thereof, shall issue the license unless he/she finds one or more of the following to be true:

(1) An applicant is under 18 years of age;

(2) An applicant is overdue in payment to the city of fees owed by the applicant in relation to the adult business which is the subject of the application;

(3) An applicant has failed to completely fill out the application for the license or has provided materially false information on the application;

(4) The license fee required by this chapter has not been paid;

(5) The premises to be used for the adult business has not been approved by the city and the fire department, as being in compliance with applicable laws and ordinances, including the issuance of an adult use planning permit or interim adult use planning permit pursuant to §§ 17.41.050, 17.41.060, and 17.41.080 of this code;

(6) The applicant is operating the adult business without a license in violation of this code;

(7) That an applicant has been convicted of a specified criminal act for which:

(a) Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal acts;

(b) Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense or two or more misdemeanor offenses for the specified criminal acts;

(8) The premises to be operated do not comply with the location, design, and performance standards contained in § 17.41.140 of this code.

The city's decision to grant or deny a license shall not be based upon information authorized or required to be kept confidential pursuant to Welfare and Institutions Code Sections 600-900.

(C) Within ten days of the receipt of a completed application in accordance with the requirements of this section, the city manager or designee thereof shall refer the application to the chief of police to investigate and verify the information contained in the application. The chief of police may refer the application to any law enforcement body or authorized law enforcement contractor to assist in this determination. In the event the information requested pursuant to this section of this code is not available within the ten-day period, the chief of police shall--if the application otherwise meets the requirements of this code--issue a status report on the issuance of the adult business license, whereupon, the city manager, or designee thereof, shall issue the same within ten days of the receipt of the application. Should the information obtained from the chief of police vary in a material degree from that set forth by the applicant in the application, such variance shall be cause to deny, suspend or revoke the license in accordance with this code. Any license issued prior to the city receiving the background information required by this section shall state clearly on its face that the license is subject to suspension or revocation pursuant to this code.

(D) The license shall state on its face the name of the person or persons to whom it is issued, the expiration date, and the address of the adult business. The license shall be posted in a conspicuous place at or near the entrance to the adult business so that it may be easily read at any time.

(E) The City Clerk shall send to the applicant or licensee, by certified mail, return receipt requested, written notice of the action to issue or deny the license within ten days of the receipt of the completed application by the city manager. The decision of the city manager, or designee thereof, to issue or deny issuance of the license shall be subject to appeal in accordance with the following procedures:

(1) The appeal shall be submitted to and received by the City Clerk within ten days of the date of such action for which the appeal is made. The appeal must be in writing on forms provided by the city, together with an appeal fee established by resolution of the City Council, which may be amended from time to time. All appeals shall set forth the reason for asserting the appeal.

(2) When a timely appeal is filed, the City Council shall hear the matter or appoint a hearing officer to conduct a hearing on the matter. The hearing officer may be such person or body designated by the City Council to perform all or a portion of their duties, or may be another official or body from another city or agency, or other person qualified to conduct a review of the matter. The hearing for an appeal shall take place within ten business day of the receipt of the appeal. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues, and may be represented by counsel. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness.

(3) The City Council or hearing officer shall render a written decision on the matter within five days of the close of the hearing on the appeal. In no event may the appeal hearing be continued for longer than thirty days, unless the applicant consents to a longer period of time.

(F) The decision of the City Council or hearing officer concerning the appeal of a denial of a permit shall be final. The applicant or permittee may seek prompt judicial review of such administrative action in a court of competent jurisdiction as provided by law, pursuant to California Code of Civil Procedure Section 1094.5 et seq. The city shall make all reasonable efforts to expedite judicial review in accordance with Code of Civil Procedure Section 1094.8.

(Ord. 2708 § 1, 2004.)

The initial application fee, the initial license fee, the police department background investigation fee, and the annual renewal fee for an adult business license shall be set by separate resolution of the City Council.

(Ord. 2708 § 1, 2004.)

An applicant or licensee shall permit representatives of the city, the city's Police Department, Riverside County Department of Health Services, the city Fire Department, the city Building Department, and city code enforcement personnel to inspect the premises of an adult business for the purpose of ensuring compliance with the provisions of this chapter at any time the premises is open for business, provided reasonable and normal business operations shall not be interfered with and the inspection is conducted in the same manner as an inspection for other businesses.

(Ord. 2708 § 1, 2004.)

Each license shall expire one year from the date of issuance and may be renewed only by making application upon penalty of perjury that there has been no material change in the business or its operation. Applications for renewal shall be filed at least 30 days before the expiration date; the application for renewal shall not extend the license beyond the expiration date. The city manager, or designee thereof, shall issue the license or deny the application for renewal within ten days of the receipt of a completed application. The city manager shall base the decision to renew on the same factors as the issuance of the original license. If in reviewing the application for renewal of the license, the city manager, or designee thereof, determines that the application will likely be denied, then the city manager, or designee thereof, shall cause an administrative hearing to be held within the same ten-day period at which time the applicant may present evidence supporting the application or contradicting the evidence presented by the city. The decision of the city manager, or designee thereof, to deny renewal of the license shall be subject to appeal to the City Council by following the same procedures as set forth in § 5.08.040(E) of this chapter.

(Ord. 2708 § 1, 2004.)

The city manager or his/her designee, or the City Council may initiate proceedings to consider the suspension or revocation of an existing adult business license as may be necessary to assure the preservation of the public health and safety. Such proceedings shall include a hearing wherein the license holder is provided the opportunity to refute any evidence or findings of the city. If the evidence presented at the hearing establishes that one or more conditions exist as set forth in § 5.08.090 then suspension shall be ordered; and, if the conditions set forth in § 5.08.100 exist, then revocation of the adult business license shall be ordered.

(Ord. 2708 § 1, 2004.)

An adult business license shall be suspended if the evidence at the hearing establishes any one or more of the following conditions exist:

(A) The conduct of the adult business does not comply with all applicable laws including, but not limited to, the city's fire, building, zoning, or health and safety codes; or the locational criteria or design and performance standards set forth in this chapter and in chapter 17.41 of this code are violated or not complied with by the adult business;

(B) There was not a responsible person over 18 years of age on the premises to act as a manager at all times during which the adult business was open;

(C) The licensee, manager or any agent or employee of the licensee or manager knows or should have known that the adult business has been used as a place where sexual intercourse, sodomy, oral copulation, masturbation, prostitution, assignation or other lewd acts occur or have occurred;

(D) The licensee, his or her employees, agent, partner, director, officer, controlling stockholder or manager with management of day-to-day operations has violated any provision of this title or this chapter;

(E) The licensee or manager has failed to remove all materials harmful to minors, including, but not limited to--wrappers, covers, labels, packaging, bags and magazines--that have been discarded upon the grounds within one thousand (1,000) feet of the premises of the adult business;

(F) The adult business is being operated, managed or conducted in violation of any condition of approval or performance standard of the adult business license, or adult use planning permit, if required;

(G) The licensee, manager or any agent or employee of the licensee or manager refused to allow the lawful inspection of the premises by a city inspector or official, the police department, the fire department, city code enforcement officer, building department, or County Health Department or any designee thereof;

(H) The licensee, manager or any agent or employee of the licensee or manager knowingly permitted gambling on the premises;

(I) The manager or person acting in that capacity was found to be intoxicated or under the influence of a controlled substance while on duty at the adult business;

(J) The adult business is operating in violation of the permitted hours of operation;

(K) The adult business is operating without a city business license;

(L) The adult business is operating so as to constitute a nuisance pursuant to the Corona Municipal Code.

The suspension shall be for a period of up to 30 days or until the violation is corrected, whichever is longer.

(Ord. 2708 § 1, 2004.)

An adult business license shall be revoked and no new adult business license may be requested by the licensee for any location within the city or by any other person for that same location within a one-year period following revocation if the evidence presented at the hearing on the revocation of the license establishes that one or more of the following conditions exists:

(A) The licensee, his or her employee, agent, partner, director, officer, controlling stockholder or manager has knowingly made any false, misleading or fraudulent statement of material facts in the application for a license or permit, or in any report or record required to be filed with the city's police department, county health department, or any other city department or office in connection with the operation of the business;

(B) The licensee, manager or any agent or employee of the licensee or manager has been convicted of a felony in a court of competent jurisdiction in conjunction with or as a result of the operation of the adult business;

(C) The licensee, manager or any employee of the licensee or manager knowingly or with reckless disregard of the requirements of this title allows any minor into the establishment, permits the use of the facilities by a minor, and/or sells to a minor adult materials and/or material harmful to a minor;

(D) The approved adult business has been expanded, or partially or wholly converted to another adult business without the required city approvals and permits;

(E) There have been two suspensions of an adult business license within a twelve month period;

(F) The licensee or manager knowingly or with reckless disregard of the requirements of this code and state and federal law allowed the sale of controlled substances or allowed acts of prostitution on or about the premises;

(G) The licensee or manager continued to operate the adult business during a suspension period of the adult business license;

(H) The licensee or manager has been convicted of a specified criminal act for which the required time period has not yet elapsed;

(I) That on two or more occasions within a 12 month period, a person or persons committed an offense, occurring in or on the licensed premises, constituting a specified criminal act for which a conviction has been obtained, and the person or persons were employees of the adult business at the time the offenses were committed;

(J) The licensee or manager is operating more than one adult business in the same building;

(K) The adult business contains one or more private viewing areas as defined herein;

(L) The adult business has failed to provide, inaccurately provided, or failed to keep current approved configuration of the adult business or the location of any adult business in the city in accordance with § 5.08.030(B) of this chapter; or

(M) The licensee, manager or any agent or employee of the licensee or manager of the adult business knowingly or with reckless disregard of the requirements, violates or permits the violation any of the prohibited conduct described in § 5.08.140 of this chapter on three or more occasions within a twelve month period, regardless of whether a suspension or suspensions have been issued for such violations.

(Ord. 2708 § 1, 2004.)

(A) The city manager or designee thereof shall conduct all initial hearings concerning the suspension or revocation of licenses. If the city manager, or designee thereof, suspends or revokes a license, the City Clerk shall send to the applicant or licensee, by both certified mail, return receipt requested, and regular first-class mail, written notice of the action. The decision to suspend or revoke the license shall be effective 20 days after the notice of the decision has been deposited in the U.S. mail.

(B) An appeal of the decision to suspend or revoke the license may be made in accordance with requirements of § 5.08.040(E) by filing a written notice of the same with the City Clerk prior to the date on which the decision becomes effective. A properly filed application for appeal stays the decision to suspend or revoke the license until a decision is rendered on the appeal.

(C) The appeal proceedings shall be conducted pursuant to § 5.08.040(E) of this chapter. The decision of the City Council or hearing officer concerning the appeal shall be final. The permittee may seek prompt judicial review of such administrative action in a court of competent jurisdiction as provided by law, pursuant to California Code of Civil Procedure Section 1094.5 et seq. The city shall make all reasonable efforts to expedite judicial review in accordance with Code of Civil Procedure Section 1094.8.

(Ord. 2708 § 1, 2004.)

No transfer of an adult business license shall be permitted. A prospective or actual purchaser of an adult business must obtain a new adult business license prior to allowing the adult business to operate under new ownership. Any license shall be immediately void if the licensee attempts to transfer the license to another person or location. The attempted transfer of the adult business license includes the transfer of ownership or control of the adult business by any of the following:

(A) The sale, lease or sub-lease of an adult business;

(B) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or

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

(Ord. 2708 § 1, 2004.)

The permitted location of an adult business shall be as provided in Chapter 17.41 of this code.

(Ord. 2708 § 1, 2004.)

(A) No person shall operate or cause to be operated an adult business, regardless of whether or not a license or permit has been issued under this code, knowingly, or with reason to know, permitting, suffering or allowing any employee:

(1) To engage in a couch dance or straddle dance with a patron at the business;

(2) To contract or otherwise agree with a patron to engage in a couch dance or straddle dance with a person at the business;

(3) To intentionally touch any patron at an adult business while engaged in the display or exposure of a specified anatomical area or engaged in or simulating a specified sexual activity;

(4) To voluntarily be within six feet of any patron while engaged in the display or exposure of any specified anatomical area or engaged in or simulating a sexual activity.

(B) No person at any adult business, regardless of whether or not said business is permitted under this code, shall intentionally touch an employee who is displaying or exposing any specified anatomical area or engaging in or simulating a specified sexual activity at the adult business.

(C) No person at any adult business, regardless of whether or not said business is permitted under this code, shall engage in a couch dance or straddle dance with an employee at the business who is displaying or exposing any specified anatomical area or engaging in or simulating a specified sexual activity.

(D) No employee of an adult business, regardless of whether or not a permit has been issued for said business under this chapter, shall engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service between the hours of 2:00 a.m. and 9:00 a.m. of any particular day.

(Ord. 2708 § 1, 2004.)

A person who operates or causes to be operated an adult business without a valid license is subject to a suit for injunction as well as prosecution for criminal violations.

(Ord. 2708 § 1, 2004.)