Eastvale Municipal Code Ch. 6.44 Sex-Oriented Businesses

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State Law reference— Local authority to regulate the time, place, and manner of operation of sexually oriented businesses, Government Code § 65850.4, Penal Code § 318.6; Quimby-Walsh Act, Penal Code § 318.5.

The city council has reviewed detailed studies prepared by other jurisdictions regarding the detrimental social and economic effects on persons and properties immediately surrounding established sex-oriented businesses. The studies reviewed included those prepared by the cities of Austin, Texas; Taylor, Michigan; Detroit, Michigan; Indianapolis, Indiana; Garden Grove, California; Los Angeles, California; Phoenix, Arizona; and the Report of the Minnesota Attorney General's Working Group on the Regulation of Sexually Oriented Businesses. Based on its review of such studies, the city council believes the following statements to be true:

(1) Sex-oriented businesses increase crime in general and sex-related crimes in particular;

(2) Crime rates are higher in residential areas surrounding sex-oriented businesses than in commercial or industrial areas surrounding sex-oriented businesses;

(3) Crime rates are higher in areas where sex-oriented businesses are closely situated to one another than in areas where sex-oriented businesses are separated from one another;

(4) The presence of sex-oriented businesses in close proximity to residential areas has been shown to reduce property values in those areas;

(5) The image of the city as a pleasant and attractive place to reside and to conduct business will be adversely affected by the presence of sex-oriented businesses in close proximity to residential uses, religious institutions, parks and schools;

(6) Sex-oriented businesses should be regulated to prevent deterioration and/or degradation of the vitality of the community, but such regulations should give persons desiring to patronize such businesses an opportunity to do so; and

(7) Sex-oriented businesses should be regulated through zoning or other mechanisms that will separate such businesses from those land uses with which they are incompatible.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) It is the intent of this chapter to regulate sex-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 the deleterious effects of sex-oriented businesses from occurring within the city.

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

(c) Nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinance or any statute of the state regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Chief of police means the chief of police of the city or designated representative.

Individual viewing area means a viewing area designed for occupancy by one person.

Owner or permittee means:

(1) The sole proprietor of a sex-oriented business;

(2) Any general partner of a partnership which owns and operates a sex-oriented business; or

(3) Any officer of, or person with a ten percent or greater interest in, a corporation which owns or operates a sex-oriented business.

Premises means the building occupied by a sex-oriented business, or the space in a building occupied by a sex-oriented business if the business does not occupy the entire building.

Regular and substantial course of conduct means:

(1) Devoting more than 15 percent of total display area to the display of sex-oriented merchandise or sex-oriented material;

(2) Presenting any type of live entertainment characterized by an emphasis on specified sexual activity or specified anatomical parts or performers, models or employees appearing in public in lingerie on any four or more separate days within any 30-day period; or

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

School means any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the state board of education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college or university.

Sex-oriented bookstore means any establishment which as a regular and substantial course of conduct displays or distributes sex-oriented merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, films, or other visual representations which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

Sex-oriented business means any establishment which as a regular and substantial course of conduct performs or operates as a sex-oriented bookstore, sex-oriented theater, sex-oriented motion picture arcade, sex-oriented cabaret, sex-oriented motel/hotel, or sells or distributes sex-oriented merchandise or sex-oriented material, or any other establishment which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts but not including those uses or activities, the regulation of which is preempted by state law. The term "sex-oriented business" also means any establishment which as a regular and substantial course of conduct provides or allows performers, models or employees to appear in any public place in lingerie.

Sex-oriented cabaret means a nightclub, bar, restaurant or similar establishment which features any type of live entertainment which is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

Sex-oriented hotel/motel means a hotel or motel which:

(1) As a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closed-circuit television, video recorders or players or other medium, material which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts; or

(2) Rents, leases or lets any room for less than a six-hour period, or rents, leases or lets any single room more than twice in a 24-hour period.

Sex-oriented material means any sex-oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, videotape recording or other visual representation which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

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

Sex-oriented motion picture arcade means any establishment containing any manually operated, coin- or slug-operated, or electrically or electronically operated or controlled, still or motion picture or videotape machines, projectors, players or other image producing devices that are maintained to display images to five or fewer persons per machine or per viewing room at any one time when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

Sex-oriented motion picture theater means any business establishment which projects and presents motion pictures, videotape recordings, slide photographs, or other motion or still pictures which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

Sex-oriented theater means a theater, concert hall, dance hall, auditorium or similar establishment which features live performances which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

Specified anatomical parts means:

(1) Less than completely and opaquely covered human genitals, pubic hair, buttocks, natal cleft, perineum, anal region, pubic hair region or female breast below a point immediately above the top of the areola; or

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

Specified sexual activities means:

(1) Actual or simulated: sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, masturbation, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship; or any of the following depicted sexually oriented acts or conduct, whether actual or simulated: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, sapphism, urophilia, zooerastia, zoophilia;

(2) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;

(3) Use of human or animal ejaculation;

(4) Fondling or erotic or sexually-oriented touching of human genitals, pubic region, buttocks, natal cleft, anal region or female breast;

(5) Masochism; erotic or sexually-oriented torture, beating or the infliction of pain;

(6) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being;

(7) Human excretion, urination, menstruation, vaginal or anal irrigation; or

(8) Striptease, or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models appearing in lingerie, to the point where specified anatomical parts are exposed.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) It is unlawful for any person or entity to operate, engage in, conduct or carry on any sex-oriented business within the city unless the owner of the business first obtains, and continues to maintain in full force and effect, a sex-oriented business permit.

(b) The owner of the proposed sex-oriented business shall be the only person eligible to obtain a sex-oriented business permit.

(c) The following information and items shall be submitted to the chief of police by the owner at the time of applying for a sex-oriented business permit:

(1) The appropriate nonrefundable processing fee, which shall be in an amount as established by the city council from time to time;

(2) A statement signed by the record owner of the property and the sublessor, if any, attesting under penalty of perjury that they were aware the proposed business was sex-oriented in nature during lease or sublease negotiations; all such signatures shall be notarized;

(3) A site plan designating the building and/or unit proposed for the sex-oriented business and a dimensional interior floor plan depicting how the business will comply with all applicable requirements of this chapter;

(4) The information specified in section 6.44.070 if the sex-oriented business in question is a sex-oriented motion picture arcade;

(5) Any additional information the chief of police deems necessary;

(6) A statement signed by the owner of the proposed sex-oriented business attesting under penalty of perjury to the truth and accuracy of the application and the information submitted therewith.

(d) Notwithstanding subsections (a) through (c) of this section, no application for a sex-oriented business permit shall be accepted or processed for any business that has had a sex-oriented business permit revoked pursuant to section 6.44.130 within the preceding three-year period.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) The chief of police shall, within 45 business days of the filing of a complete permit application, approve and issue the sex-oriented business permit if the standards and requirements of this chapter have been met; otherwise, the permit shall be denied. Notice of the approval or denial of the permit shall be given to the owner in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service within three days of the date of such decision. The times set forth in this subsection shall not be extended except upon the written consent of the applicant. The decision of the chief of police shall be final.

(b) The chief of police shall approve and issue a sex-oriented business permit if:

(1) The sex-oriented business will be located in a zone permitting sex-oriented businesses as a use;

(2) The sex-oriented business will not be located within 500 feet of any existing residence, whether such residence is within or outside the boundaries of the city;

(3) The sex-oriented business will not be located within 500 feet of another sex-oriented business not located within the same premises and under the same ownership and control, whether such other business is within or outside the boundaries of the city;

(4) The sex-oriented business will not be located within 1,000 feet of any lot upon which there is located any religious institution, public park or school, whether such use is within or outside the boundaries of the city;

(5) The sex-oriented business will not be located, in whole or in part, within any portable structure;

(6) The sex-oriented business will comply with the development standards of the applicable zone and with all applicable transportation, flood control, health, fire protection, grading, building, mechanical, plumbing and electrical policies, standards and regulations;

(7) The sex-oriented business will not conduct or sponsor any special events, promotions, festivals, concerts or similar activities which would increase the demand for parking spaces beyond the approved number of spaces for the business;

(8) The sex-oriented business will not conduct any massage, acupuncture, figure modeling, tattooing, acupressure or escort services and will not allow such activities on the premises;

(9) The owner, manager or any other employee of the sex-oriented business has not, within the five-year period preceding the application date, been convicted of a felony or misdemeanor which is classified by the state as an offense involving a sexual crime 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 Penal Code § 290, or any violation of Penal Code §§ 234.3, 261, 261.35, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or 647;

(10) For the purposes of this subsection, all distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point of the premises where the sex-oriented business is conducted to the nearest existing residence, to the nearest point of the premises of any other sex-oriented business or to the nearest property line of any lot upon which is located a religious institution, public park or school;

(11) The owner or manager of the sex-oriented business is at least 18 years of age; and

(12) For the purposes of this subsection, all distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point of the premises where the sex-oriented business is conducted to the nearest existing residence, to the nearest point of the premises of any other sex-oriented business or to the nearest property line of any lot upon which is located a religious institution, public park or school;

the application and evidence submitted in support thereof are accurate and do not contain incorrect, false or misleading information.

(c) For the purposes of subsection (b) of this section, all distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point of the premises where the sex-oriented business is conducted to the nearest existing residence, to the nearest point of the premises of any other sex-oriented business or to the nearest property line of any lot upon which is located a religious institution, public park or school.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Any sex-oriented business which allows customers to remain on the premises while viewing any live, filmed or recorded entertainment, or to use or consume the products or services supplied on the premises, shall conform to the following requirements:

(1) At least one security guard shall be on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is open. If the occupancy limit of the premises is greater than 50 persons, an additional security guard shall be on duty inside the premises. The security guard shall be charged with preventing violations of law, with enforcing compliance by patrons with the requirements of this chapter, and with notifying the chief of police of any violations of law observed. Security guards required by this subsection 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 or local law. No security guard required pursuant to this subsection shall act as a doorperson, ticket seller, ticket taker or admittance person while acting as a security guard hereunder.

(2) Landscaping shall conform to the standards established for the zone, except that, if the sex-oriented business is the sole use on a lot, no planting shall exceed 30 inches in height, except trees with foliage not less than six feet above the ground.

(3) The entire exterior grounds, including the parking lot, shall be lighted in accordance with standards promulgated by the city.

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

(5) No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

(6) Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the business.

(7) Signage shall conform to the standards established for the zone except that such signage shall be limited to the business name, the street address and the notice required by subsection (11) of this section.

(8) All door areas of the sex-oriented business within which patrons are permitted, except restrooms, shall be open to view at all times.

(9) Except as specifically provided in this chapter, the sex-oriented business shall comply with the parking, development and design standards established for the zone in which the business is located.

(10) No sex-oriented material or sex-oriented merchandise shall be displayed in such a manner as to be visible from any location other than within the premises occupied by the sex-oriented business.

(11) No person under the age of 18 years and no person obviously intoxicated shall be permitted within the premises at any time. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the sex-oriented business.

(12) The sex-oriented business shall not operate or be open between the hours of 2:00 a.m. and 9:00 a.m.

(13) The sex-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 restrooms for females, and female patrons and employees shall be prohibited from using the restrooms for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from all sex-oriented materials and sex-oriented merchandise. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The provisions set forth in this subsection shall not be applicable to a sex-oriented business which deals exclusively with sale or rental of merchandise which is not used or consumed on the premises, such as a sex-oriented bookstore, and which does not provide restroom facilities to its patrons or the general public.

(14) Except as otherwise required by law or provided in this chapter, all areas of the sex-oriented business accessible to patrons shall be illuminated at least to the extent of a 20 footcandle, minimally maintained and evenly distributed at ground level.

(15) Individual viewing areas of the sex-oriented business shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two or more individual viewing areas.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sex-oriented motion picture arcades which provide more than one viewing area shall conform to all the requirements previously set forth in this chapter and shall also conform to the following additional requirements:

(1) Upon application for a sex-oriented business permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, specifying the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area with no dimension greater than eight feet. The diagram shall also designate the place at which the sex-oriented business permit will be conspicuously posted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The chief of police shall waive the foregoing diagram for renewal applications if the owner adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

(2) No alteration in the configuration of the diagram may be made without the prior approval of the chief of police.

(3) It is the duty of the owners to ensure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the premises.

(4) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, excluding restrooms, from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

(5) It shall be the duty of the owners and it shall also be the duty of all employees present on the premises to ensure that the view area specified in subsection (4) of this section remains unobstructed by any doors, walls, persons, merchandise, display racks or other materials at all times and to ensure that 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 in the application filed pursuant to subsection (1) of this section.

(6) No individual viewing area may be occupied by more than one person at any one time.

(7) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted to access with an illumination of not less than a ten footcandle as measured at the floor level.

(8) It shall be the duty of the owners and it shall also be the duty of all employees present on the premises to ensure that the illumination described in subsection (7) of this section is maintained at all times that any patron is present on the premises.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sex-oriented businesses providing live entertainment depicting specified anatomical parts or involving specified sexual activities shall conform to all the requirements previously set forth in this chapter and shall also conform to the following additional requirements:

(1) No person shall perform live entertainment for patrons of a sex-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 six feet from the nearest area occupied by patrons, and no patron shall be permitted within six feet of the stage while the stage is occupied by an entertainer.

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

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

(4) The sex-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 sex-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 shall have physical contact with any patron and no patron shall have physical contact with any entertainer while on the premises.

(6) No waiter, waitress, entertainer or other person employed on the premises shall violate the provisions of county Ordinance No. 543 transferability while on the premises.

(7) Fixed rails at least 30 inches in height shall be maintained establishing the separations between entertainers and patrons.

(8) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access with an illumination of not less than 20 footcandles, as measured at the floor level.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The requirements described in sections 6.44.050 through 6.44.080 shall be deemed conditions of permit approval, and failure to comply with any such requirement shall be grounds for revocation of any sex-oriented business permit issued pursuant to this chapter.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

A sex-oriented business permit shall be valid for a period of one year from the date of permit approval.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

A sex-oriented business permit shall be renewed on a year-to-year basis; provided, that the permittee continues to meet all applicable requirements. A request for permit renewal must be accompanied by a sex-oriented business permit application, completed in full detail with current information. If the application conforms to the previously approved application and the sex-oriented business has not changed, the permit shall be renewed by the chief of police for another year. Notice of such renewal, or denial, shall be given, in writing, to the permittee within 20 business days following the date of receipt of the completed renewal application. Any change or alteration in the location, nature or operation of the sex-oriented business will require a new application to be processed in the same manner as the original application.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

No sex-oriented business permit shall be sold, transferred or assigned by any permittee, or by operation of law, to any other person, group, partnership, corporation or entity, and 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. A sex-oriented business permit held by an individual in a corporation or partnership is subject to the same rules of transferability described above. Any change in the nature or composition of the sex-oriented business from one type of sex-oriented business use to another type of sex-oriented business use shall also render the permit null and void. A sex-oriented business permit shall be valid only for the exact location specified in the permit.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) The permittee shall allow the chief of police to conduct unscheduled inspections of the premises of the sex-oriented business for the purpose of ensuring compliance with the law at any time the sex-oriented business is open for business or is occupied.

(b) The chief of police shall revoke a sex-oriented business permit when:

(1) Any of the applicable requirements set forth herein ceases to be satisfied;

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

(3) The permittee is convicted of a felony or misdemeanor occurring upon, or relating to the premises or lot upon which the sex-oriented business is located, which offense is classified by the state as an offense involving a sexual crime 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 Penal Code § 290, or any violation of Penal Code §§ 234.3, 261, 261.35, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or 647;

(4) An employee, agent or contractor of the permittee is convicted on two or more occasions within a 12-month period of a felony or misdemeanor occurring upon, or relating to the premises or lot upon which the sex-oriented business is located, which offense is one of those listed in subsection (b)(3) of this section;

(5) The permittee or an employee has knowingly allowed prostitution, or solicitation for prostitution, on the premises; or

(6) The sex-oriented business has been operated in violation of any of the requirements of this chapter, and if the violation is of:

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

b. A noncontiguous nature, two or more additional violations of the same provision, or four or more violations of any other of the provisions, of this chapter occur (regardless of whether notice of each individual violation is given to the owner) within any 12-month period.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) Upon determining that grounds for permit revocation exist, the chief of police shall furnish written notice of the proposed revocation to the permittee. Such notice shall summarize the principal reasons for the proposed revocation; shall state that the permittee may request a hearing with 15 calendar days of the postmarked date on the notice; and shall be delivered both by posting the notice at the location of the sex-oriented business and by sending the notice by certified mail, postage prepaid, addressed to the permittee as the name and address appear on the permit. Within 15 calendar days after the date of the mailing or posting of the notice, the permittee may file a written request for hearing with the chief of police.

(b) Upon receipt of a hearing request, a hearing shall be conducted by the city pursuant to and in accordance with the Eastvale Municipal Code. Such hearing shall be conducted within 45 calendar days of the hearing request filing date.

(c) If no hearing is requested by the permittee or if the hearing officer determines that grounds for revocation exist, and the chief of police accepts such determination, the chief of police shall revoke the sex-oriented business permit.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) Any sex-oriented business lawfully operating on the effective date of the ordinance codified in this chapter in violation hereof shall be deemed a nonconforming use. A nonconforming use will be permitted to continue for a two-year period, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. A nonconforming use shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sex-oriented businesses are within 500 feet of one another and otherwise in a permissible location, the sex-oriented business which was first established and continually operating at the particular location shall be deemed to conform to the locational standards hereof and the later established business shall be deemed nonconforming to the locational requirements.

(b) A sex-oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location of a residence or other sex-oriented business within 500 feet of the sex-oriented business or the location of a religious institution, public park or public or private school within 1,000 feet of the sex-oriented business. This provision does not apply to permit applications submitted after a permit has expired or has been revoked.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

In addition to any other remedies provided by law, any violation of the provisions of this chapter shall be a misdemeanor punishable by a fine not to exceed $1,000.00 or six months in jail, or both. Any person who violates the provisions of this chapter is subject to a suit for injunction as well as prosecution for the criminal violation.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)