Costa Mesa Municipal Code Ch. IV Sexually-Oriented Business Regulations

It is the purpose of this chapter to regulate sexually-oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually-oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually-oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.

(Ord. No. 98-11, § 5, 4-20-98)

For the purpose of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:

Applicant.

A person who is required to file an application for a license under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of a sexually-oriented business or a performer of a sexually-oriented business.

Establishment.

Includes any of the following:

(1)

The opening or commencement of any such business as a new business;

(2)

The conversion of an existing business, whether or not a sexually-oriented business, to any of the sexually-oriented businesses defined herein;

(3)

The addition of any of the sexually-oriented businesses defined herein to any other existing sexually-oriented business; or

(4)

The relocation of any such sexually-oriented business.

Figure model.

Any person who, for pecuniary compensation, consideration, hire or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed, or otherwise similarly depicted.

Licensee.

The person to whom a sexually-oriented business license or sexually-oriented business performer's license is issued.

Modeling studio.

The term "modeling studio" as used in this chapter, means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who for the purposes of sexual stimulation of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the state board of education. "Modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available "specified sexual activities."

Nudity or a state of nudity.

The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple or areola, or the showing of the covered male genitals in a discernible turgid state.

Person.

Any individual, firm, association, partnership, corporation, joint venture, trust or combination of individuals or persons.

Police chief.

The police chief of the City of Costa Mesa or the authorized representatives thereof.

Semi-nude.

A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices. Seminude shall also include a person with partial clothing to include lingerie or similar clothing where "specified anatomical areas" are exposed.

Sexually-oriented business.

A business which is conducted exclusively for the patronage of adults and as to which minors are specifically excluded from patronage, either by law and/or by the operators of such business, and which is characterized by an emphasis on "specified sexual activities" and/or "specified anatomical areas." "Sexually-oriented business" also means and includes any adult arcade, adult bookstore/novelty store, adult cabaret, adult dance studio, adult hotel or motel, adult motion picture theater, adult theater, sexual encounter establishment, modeling studio, and any other business or establishment as those terms are defined in section 13-130 of Title 13 of the City of Costa Mesa Municipal Code, and any business or establishment that offers its patrons entertainment or services which involve, depict, describe or relate to "specified sexual activities" and/or "specified anatomical areas" as defined in section 13-130 of Title 13.

Sexually-oriented business operator.

"Sexually-oriented business operator" (hereinafter "operator") means a person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of a sexually-oriented business or the conduct or activities occurring on the premises thereof.

Substantial enlargement.

An increase, over the lifetime of the business, of more than 10% or 100 square feet, whichever is less, in the portion of the floor area of a business which is devoted to products, services or entertainment with an emphasis on material depicting, describing or relating to "specified anatomical areas" and/or "specified sexual activities."

Transfer of ownership or control of a sexually-oriented business.

Includes any of the following:

(1)

The sale, lease or sublease of the business; or

(2)

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

(3)

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

(Ord. No. 98-11, § 5, 4-20-98)

This chapter shall not apply to:

(a) Any treatment administered in good faith in the course of the practice of any healing art or profession by any person holding a valid license or certificate issued by the State of California to practice any such art or profession under the provisions of the Business and Professions Code of California or of any other law of this state.

(b) Massage administered at a massage establishment or by a massage practitioner holding a valid current license issued pursuant to the provisions of Chapter II, Article 22 of this title.

(Ord. No. 98-11, § 5, 4-20-98)

In addition to the requirements of this chapter, all sexually-oriented businesses subject to this chapter shall comply to the requirements set forth in Article 1, Chapter IX, of Title 13 of the City of Costa Mesa Municipal Code.

(Ord. No. 98-11, § 5, 4-20-98)

(a) It is unlawful for any person to engage in, conduct or carry on, or to permit any person to engage in, conduct or carry on, in or upon any premises within the City of Costa Mesa, the activities of a regulated sexually-oriented business without a valid license issued for the specific activity pursuant to the provisions of this chapter for each and every such regulated sexually-oriented business.

(b) It is unlawful for any persons to engage in or participate in any live performance depicting, describing or relating to specified anatomical areas and/or involving specified sexual activities in a sexually-oriented business unless the person first obtains and continues in force and effect a sexually-oriented business performer's license from the City of Costa Mesa as herein required.

(Ord. No. 98-11, § 5, 4-20-98)

A separate sexually-oriented business license is required for each location within the boundaries of the City of Costa Mesa at which a regulated sexually-oriented business is to be established. The requirements of this chapter for a sexually-oriented business license are separate and in addition to a business license, or business tax registration certificate, required under Chapter I of this title. Every regulated sexually-oriented business shall display its sexually-oriented business license prominently in an area open to the public at each such location at all times when the location is open for business.

(Ord. No. 98-11, § 5, 4-20-98)

Upon the transfer of ownership or control of a sexually-oriented business, the sexually-oriented business license shall immediately be null and void. In order for the sexually-oriented business to continue operating, a new application and license is required.

(Ord. No. 98-11, § 5, 4-20-98)

(a) Upon the change of location of the premises where a sexually-oriented business is conducted, the sexually-oriented business license shall immediately be null and void. In order for the sexually-oriented business to operate at the new location, a new application and license is required.

(b) No licensee shall operate a regulated sexually-oriented business under any name or designation not specified in the license. Upon the change of name of the sexually-oriented business, the sexually-oriented business license shall immediately be null and void. In order for the sexually-oriented business to continue operating, a new application and license is required.

(Ord. No. 98-11, § 5, 4-20-98)

An approved sexually-oriented business license shall be valid for one year, and shall be renewed on an annual basis on the anniversary date of the original application. Application for renewal of an unrevoked sexually-oriented business license shall be made at least 30 days prior to the expiration date of the current, valid license.

(Ord. No. 98-11, § 5, 4-20-98)

(a) An applicant requesting issuance or renewal of a sexually-oriented business license shall file a written, signed and verified application or renewal application in a form provided by the police department. Each application shall be accompanied by a non-refundable fee for filing or renewal in an amount determined by resolution of the city council, which fees will be used to defray the costs of investigation, inspection and processing of such application. Such fee shall not exceed the reasonable cost of investigation, inspection and processing of such application. License fees required under this chapter shall be in addition to any license, permit or fee required under any other chapter or title of the City of Costa Mesa Municipal Code.

(b) An application for a sexually-oriented business license shall contain the following information:

(1) If the applicant is an individual, the individual shall state his or her legal name, including any aliases, address, and submit satisfactory written proof that he or she is at least 18 years of age.

(2) If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.

(3) If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process.

(c) If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a 10% or greater interest in the business entity shall sign the application.

(d) If the applicant intends to operate the sexually-oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the sexually-oriented business and show proof of registration of the fictitious name.

(e) A description of the type of sexually-oriented business for which the license is requested and the proposed address where the sexually-oriented business will operate, plus the names and addresses of the owners and lessors of the sexually-oriented business site.

(f) The address to which notice of action on the application is to be mailed.

(g) The names of all employees, independent contractors, and other persons who will perform at the sexually-oriented business, who are required by section 9-459 to obtain a sexually-oriented business performer license.

(h) A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the sexually-oriented business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

(i) A certificate and straight-line drawing prepared within 30 days prior to application depicting the building and the portion thereof to be occupied by the sexually-oriented business, and: (1) the property line of any other sexually-oriented business within 1,000 feet of the primary entrance of the sexually-oriented business for which a license is requested, with the exception of sexually-oriented businesses located within the PDC Zone; and (2) the property lines of any religious institution, school, public park, within 1,000 feet of the primary entrance of the sexually-oriented business; and the property lines of any residential zone within 500 feet of the primary entrance of the sexually-oriented business.

(j) A diagram of the off-street parking areas and premises entries of the sexually-oriented business showing the location of the lighting system required by section 9-463(c).

(k) If the police chief determines that the applicant has completed the application improperly, the police chief shall promptly notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time of 10 days or less to complete the application properly. In addition, the applicant may request an extension, not to exceed 10 days, of the time for the police chief to act on the application. The time period for granting or denying a license shall be stayed during the period in which the applicant is granted an extension of time.

(l) The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining a sexually-oriented business license.

(Ord. No. 98-11, § 5, 4-20-98)

(a) Upon receipt of a completed application and payment of the application and license fees, the police chief shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the applicant shall be issued a sexually-oriented business license.

(b) Within 30 days of receipt of the completed application, the police chief shall complete the investigation, grant or deny the application in accordance with the provisions of this section, and so notify the applicant as follows:

(1) The police chief shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

(2) If the application is denied, the police chief shall attach to the application a statement of the reasons for denial.

(3) If the application is granted, the police chief shall attach to the application a sexually-oriented business license.

(4) The application as granted or denied and the license, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application.

(c) The police chief shall grant the application and issue the sexually-oriented business license upon findings that the proposed business meets the locational criteria of section 13-132 of Title 13; and that the applicant has met all of the development and performance standards and requirements of section 9-463 of this chapter, unless the application is denied for one or more of the reasons set forth in section 9-458.

(d) If the police chief neither grants nor denies the application within 30 days after it is stamped as received (except as provided in section 9-456(k)), the application shall be forwarded to the city council at its next regularly scheduled meeting for consideration in strict conformance with the provisions of this section 9-457(c).

(Ord. No. 98-11, § 5, 4-20-98)

The police chief, or, in the case of the police chief not acting within the time period under section 9-457(d), the city council shall deny the application for any of the following reasons:

(a) That the building, structure, equipment and location used by the business for which a license is required herein do not comply with the requirements and standards of the health, zoning, fire and safety laws of the State of California and of the City of Costa Mesa.

(b) That the applicant, 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 a license or in any report or record required to be filed with the police department or other department of the city.

(c) That the applicant has had any type of sexually-oriented business license revoked by any public entity within two years of the date of the application.

(d) Within five years immediately preceding the date of the filing of the application for a license under this chapter, the applicant has been convicted of a felony or misdemeanor which offense is classified by the state as an offense involving sexual crimes against children, sexual abuse, rape, kidnapping, 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 Sections 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.

(e) That on the date that the business for which a license is required herein commences, and thereafter, there will be no responsible adult on the premises to act as manager at all times during which the business is open.

(f) That an applicant is under 18 years of age.

(g) That an applicant, manager, or any agent or employee of the applicant or manager has been convicted in a court of competent jurisdiction of any crime in conjunction with or as a result of the operation of a sexually-oriented business prior to the filing of the application. The fact that a conviction is being appealed will have no effect on disqualification of the applicant.

(h) The required application fees have not been paid.

(Ord. No. 98-11, § 5, 4-20-98)

(a) No person shall engage in or participate in any live performance involving, depicting, describing or relating to specified anatomical areas and/or involving specified sexual activities in a sexually-oriented business, without a valid sexually-oriented business performer license issued by the city. All persons who have been issued a sexually-oriented business license shall promptly supplement the information provided as part of the application for the license required by section 9-456, with the names of all performers required to obtain a sexually-oriented business performer license, within 30 days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the sexually-oriented business license.

(b) The police chief shall grant, deny and renew sexually-oriented business performer licenses.

(c) The application for a license shall be made on a form provided by the police chief. An original and two copies of the completed and sworn license application shall be filed with the police chief.

(d) The completed application shall contain the following information and be accompanied by the following documents:

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

(2) Age, date and place of birth;

(3) Height, weight, hair and eye color;

(4) Present residence address and telephone number;

(5) Whether the applicant has ever been convicted of:

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

(ii) The equivalent of the aforesaid offenses outside the State of California.

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

(7) State driver's license or identification number;

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

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

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

(e) The completed application shall be accompanied by a non-refundable application fee. The amount of the fee shall be set by resolution of the city council.

(f) Upon receipt of an application and payment of the application fees, the police chief shall immediately stamp the application as received and promptly investigate the application.

(g) If the police chief determines that the applicant has completed the application improperly, the police chief shall promptly notify the applicant of such fact and grant the applicant an extension of time of not more than 10 days to complete the application properly. In addition, the applicant may request an extension, not to exceed 10 days, of the time for the city manager to act on the application. The time period for granting or denying a license shall be stayed during the period in which the applicant is granted an extension of time.

(Ord. No. 98-11, § 5, 4-20-98)

(a) Within five days after receipt of the properly completed application, the police chief shall grant or deny the application and so notify the applicant as follows:

(1) The police chief shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

(2) If the application is denied, the police chief shall attach to the application a statement of the reasons for denial.

(3) If the application is granted, the police chief shall attach to the application a sexually-oriented business performer license.

(4) The application as granted or denied and the license, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the residence address stated in the application.

(b) The police chief shall grant the application and issue the license unless the application is denied for one or more of the reasons set forth in subsection (d) of this section.

(c) If the police chief neither grants nor denies the application within five days after it is stamped as received (except as provided in section 9-459(g), the application shall be forwarded to the city council at its next regularly scheduled meeting for consideration in strict conformance with the provisions of this chapter.

(d) The police chief, or in the case of the police chief not acting within the time period under this section, the city council shall deny the application for any of the following reasons:

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

(2) The applicant is under 18 years of age;

(3) The sexually-oriented business performer license is to be used for performing in a business prohibited by state or city law.

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

(5) The applicant has been convicted of any of the offenses enumerated in section 9-459(d)(5) or convicted of an offense outside the State of California that would have constituted any of the described offenses if committed within the State of California. A license may be issued to any person convicted of the described crimes if the conviction occurred more than five years prior to the date of the application.

(e) Each sexually-oriented business performer license shall expire one year from the date of issuance and may be renewed only by filing with the police chief a written request for renewal, accompanied by the application fee and a copy of the license to be renewed. The request for renewal shall be made at least 30 days before the expiration date of the license. When made less than 30 days before the expiration date, the expiration of the license will not be stayed. Applications for renewal shall be acted on as provided herein for applications for licenses.

(Ord. No. 98-11, § 5, 4-20-98)

A sexually-oriented business license or sexually-oriented business performer license may be suspended or revoked in accordance with the procedures and standards of this section.

(a) On determining that grounds for license revocation exist, the police chief shall furnish written notice of the proposed suspension or revocation to the licensee. Such notice shall set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, the pertinent Code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the licensee, or shall be delivered to the licensee personally, at least 10 days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the police chief, but at a minimum shall include the following:

(1) All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. 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. The police chief's decision may be appealed in accordance with section 2-300 et seq., of the Costa Mesa Municipal Code.

(b) A licensee may be subject to suspension or revocation of his/her license, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the licensee, or an employee, agent, partner, director, stockholder, or manager of a sexually-oriented business:

(1) The licensee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a license, or in any report or record required to be filed with the City.

(2) The licensee, employee, agent, partner, director, stockholder, or manager of a sexually-oriented business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the sexually-oriented business, or in the case of a sexually-oriented business performer, the licensee has engaged in one of the activities described below while on the premises of a sexually-oriented business:

(i) Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation.

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

(iii) Any conduct constituting a criminal offense which requires registration under section 290 of the California Penal Code.

(iv) The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, or 318 or Subdivision b of section 647 of the California Penal Code.

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

(vi) Any conduct prohibited by this chapter.

(3) Failure to abide by any disciplinary action previously imposed by an appropriate city official.

(c) After holding the hearing in accordance with the provisions of this section, if the police chief finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the police chief shall impose one of the following:

(1) A warning;

(2) Suspension of the license for a specified period not to exceed six months;

(3) Revocation of the license.

(Ord. No. 98-11, § 5, 4-20-98)

After denial of an application for a sexually-oriented business license or a sexually-oriented business performer license, or after denial of renewal of a license, or suspension or revocation of a license, the applicant or person to whom the license was granted may seek review of such administrative action by the city council in accordance with the provisions of section 2-300 et seq., of the City of Costa Mesa Municipal Code. Any proceeding to appeal such decision to the city council shall be filed within seven days of such decision. If the denial, suspension or revocation is affirmed on review, the applicant, licensee may seek prompt judicial review of such administrative action pursuant to California Code of Civil Procedure section 1094.5. The city shall make all reasonable efforts to expedite judicial review, if sought by the licensee.

(Ord. No. 98-11, § 5, 4-20-98)

The following development and performance standards shall be satisfied by a sexually-oriented business and included in any approved sexually-oriented business license:

(a) Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the fire department and building regulations and standards adopted by the City of Costa Mesa.

(b) No sexually-oriented business shall be operated in any manner that permits the observation of any material depicting, describing or relating to "specified sexual activities" and/or "specified anatomical areas" from any public right-of-way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening.

(c) Parking lot lighting shall be provided to illuminate all off-street parking areas serving such use for the purpose of increasing the personal safety of patrons and employees and reducing the incidents of vandalism and theft. The lighting shall provide a level of illumination not less than one foot-candle, measured at the surface of the pavement, at all areas or the parking lot. The lighting shall be shown on the required plot plans and shall be reviewed and approved by the development services department.

(d) The premises within which the sexually-oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building.

(e) A sexually-oriented business shall be open or operating for business only between the hours of 8:00 a.m. and 11:00 p.m. on any particular day.

(f) The building entrance to a sexually-oriented business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the development services director. No person under the age of 18 years shall be permitted within the premises at any time.

(g) All indoor areas of the sexually-oriented business within which patrons are permitted, except rest rooms, shall be open to view by the management at all times.

(h) Any sexually-oriented business which is also an "adult arcade," shall comply with the following provisions:

(1) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be direct line of sight from the manager's station.

(2) The view area specified in subsection (5) below shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times, No patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.

(3) No viewing room may be occupied by more than one person at any one time.

(4) 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.

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

(6) The floors, seats, walls and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booths shall be evidence of improper maintenance and inadequate sanitary controls; repeated instances of such conditions may justify suspension or revocation of the owner and operator's license to conduct the sexually-oriented establishment.

(i) All areas of the sexually-oriented business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:

(j) The sexually-oriented business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from any material depicting, describing or relating to "specified anatomical areas" or "specified sexual activities." Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The forego-ing provisions of this paragraph shall not apply to a sexually-oriented business which deals exclusively with sale or rental of adult material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its patrons or the general public.

(k) The following additional performance standards shall pertain to sexually-oriented businesses providing live entertainment involving, depicting, describing or relating to specified anatomical areas and/or involving specified sexual activities:

(1) No person shall perform live entertainment for patrons of a sexually-oriented business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least 10 feet from the nearest area occupied by patrons, and no patron shall be permitted within 10 feet of the stage while the stage is occupied by an entertainer. "Entertainer" shall mean any person who is an employee or independent contractor of the sexually-oriented business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of a sexually-oriented business.

(2) The sexually-oriented business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use.

(3) The sexually-oriented business shall provide an entrance/exit for entertainers which is separate from the entrance/exit used by patrons.

(4) The sexually-oriented business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the sexually-oriented business shall provide a minimum three foot wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.

(5) No entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer. This subsection shall only apply to physical contact on the premises of the sexually-oriented business.

(6) Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between entertainers and patrons required by this subsection.

(7) No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit any pay or gratuity from any patron.

(8) No owner or other person with managerial control over a sexually-oriented business (as that term is defined herein) shall permit any person on the premises of the sexually-oriented business to engage in a live showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque coverage, and/or the female breast with less than a fully opaque coverage over any part of the nipple or areola and/or covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered.

(l) Sexually-oriented businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards:

(1) Sexually-oriented businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than 35 persons, an additional security guard shall be on duty.

(2) Security guards for other sexually-oriented businesses may be required if it is determined by the police chief that their presence is necessary in order to prevent any of the conduct listed in section 9-461(b)(2) of the Costa Mesa Municipal Code from occurring on the premises.

(3) Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state law. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard.

(m) It is unlawful to sell, serve or permit the consumption of alcohol in any portion of a structure occupied by a sexually-oriented business.

(Ord. No. 98-11, § 5, 4-20-98)

Every licensee of a sexually-oriented business which provides live entertainment depicting, describing or relating to specified anatomical areas or involving specified sexual activities must maintain a register of all persons so performing on the premises and their license numbers. Such register shall be available for inspection during regular business hours by any police office or health officer of the City of Costa Mesa.

(Ord. No. 98-11, § 5, 4-20-98)

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

(b) The police chief shall provide each sexually-oriented business performer required to have a license pursuant to the chapter, with an identification card containing the name, address, photograph and license number of such performer.

(c) A sexually-oriented business performer shall have such card available for inspection at all times during which such person is on the premises of the sexually-oriented business.

(Ord. No. 98-11, § 5, 4-20-98)

(a) It is unlawful for any licensee, operator, or other person in charge of any sexually-oriented business to employ, or provide any service for which it requires such license, to any person who is not at least 18 years of age.

(b) It is unlawful for any licensee, operator or other person in charge of any sexually-oriented business to permit to enter, or remain within the sexually-oriented business, any person who is not at least 18 years of age.

(Ord. No. 98-11, § 5, 4-20-98)

An applicant or licensee shall permit representatives of the police department, health department, fire department, planning division, or other city departments or agencies to inspect the premises of a sexually-oriented business for the purpose of insuring compliance with the law and the development and performance standards applicable to sexually-oriented businesses, at any time it is occupied or opened for business. A person who operates a sexually-oriented business or his or her agent or employee is in violation of the provisions of this section if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.

(Ord. No. 98-11, § 5, 4-20-98)

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

(Ord. No. 98-11, § 5, 4-20-98)

It is unlawful for any owner, operator, manager, or licensee in charge of or in control of a sexually-oriented business which provides live entertainment depicting, describing or relating to specified anatomical areas and/or involving specified sexual activities to allow any person to perform such entertainment who is not in possession of a valid, unrevoked sexually-oriented business performer license.

(Ord. No. 98-11, § 5, 4-20-98)