El Monte Municipal Code Ch. 5.16 Adult-Oriented Businesses

It is the purpose of this chapter to regulate adult-oriented businesses to promote the health, safety, and general welfare of the citizens of the city. 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 sexual oriented materials.

(Prior code § 6300.50.1)

As used in this chapter:

"Adult-oriented business" means any business as defined in Chapter 17.150 of this code and/or any other business where employees or patrons expose "specified anatomical areas" or engaged 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-oriented businesses do not include bona fide medical establishments operated by state licensed and registered medical personnel with appropriate medical credentials for the treatment of patients. In determining whether a use is an adult-oriented business, only conduct or activities which constitute a regular and substantial course of conduct shall be considered. Isolated instances of conduct or activities described in this Section as characterizing an adult-oriented business shall not be considered except where such activities, taken together, constitute a regular and substantial course of conduct.

An adult-oriented business shall include, but not be limited to the following:

1. Adult Bookstore. "Adult bookstore" means an establishment as described in Chapter 17.150 of this code.

2. "Adult cabaret" means an establishment as described in Chapter 17.150 of this code.

3. Adult Model Studio. "Adult model studio" means an establishment open to the public where, for any fee or consideration of gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, so similarly depicted by persons, other than the proprietor, paying such consideration of gratuity. This provision shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation or institution which meets the requirements established in the Education Code of the state for the issuance or conferring of, and is in fact authorized thereunder to issue and confer a diploma.

4. Adult Motel. "Adult motel" means a motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

5. Adult Motion Picture Arcade. "Adult motion picture arcade" (otherwise sometimes called peep shows) means any place to which the public is permitted or invited wherein coin-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 one person per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

6. Adult Theater. "Adult theater" means a theater, concert hall, auditorium or similar establishment, either indoor or outdoor in nature which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified sexual activities or by exposure of specified anatomical areas for observation by patrons.

7. Body Painting Studio. "Body painting studio" means an establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude in terms of specified anatomical areas.

8. Sexual Novelty Store. "Sexual novelty store" means an establishment having, as a substantial portion of its stock-in-trade, goods which are replicas of or which stimulate, "specified anatomical areas" or "specified sexual activities," or goods which are designed to be placed on or in "specified anatomical areas," or to be used in conjunction with "specified anatomical areas" and to evoke sexual interest, or to be used in conjunction with "specified sexual activities," and to evoke sexual interest.

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

1. The opening or commencement of any business defined as an adult-oriented business establishment herein;

2. The conversion of an existing business, whether or not an adult-oriented business establishment, to any of the adult-oriented business establishments as defined in this chapter;

3. The addition of any of the other adult-oriented business establishment uses defined herein to an existing adult-oriented business establishment; or

4. The relocation of any such business/use.

"Legitimate or live theater" means a theater, concert hail, auditorium or similar establishment which, for any fee or consideration, regularly features live performances which are not distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas in that any such depiction or description is only incidental to the primary purposes of the performance.

"Massage establishment" shall have the same meaning as set forth under Chapter 5.56 of the El Monte Municipal Code.

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

"Private viewing room" means an area separated from the sales or display area of the establishment by a curtain, wall, door, shade or similar obstruction thus allowing the private viewing of video tapes, movies, transparencies, films or projectable motion picture, containing specified sexual activities or depicting specified anatomical areas, by customers at the establishments.

"Specified anatomical areas" means and includes 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 areolae; or

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

"Specified sexual activities" means and includes any or 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. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

3. Masturbation, actual or simulated; or

4. Excretory functions as part of or in connection with any of the activities set forth in subsections 1 through 3 of this definition.

(Prior code § 6300.50.2; Ord. No. 2779, § 6, 10-18-2011; Ord. No. 3023, § 4.C(Exh. C), 5-2-2023)

A. A person commits a misdemeanor if he or she operates an adult-oriented business within the city without a valid permit issued by the city for the adult-oriented business unless the adult-oriented business had been lawfully established and continually open for business at least one hundred eighty (180) days preceding the date on which the ordinance codified in this Section becomes effective.

B. An application for a permit must be submitted to the city on a form provided by the Secretary of the Permit Committee. 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.

C. A conditional use permit, if required, must be obtained before a permit application may be accepted by the Secretary of the Permit Committee. The conditional use permit application shall be processed in accordance with the time limits of Section 17.123.050.

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 applicable law and regulation by the Community Development Department, Fire Department and the Police Department.

E. Any person who wishes to operate an adult-oriented business must sign the application for the license as the applicant.

F. The fact that a person possesses any other valid license or permit issued by the city does not exempt the person from the requirement of obtaining an adult-oriented business permit. A person who operates an adult-oriented business and possesses any other city license or permit shall comply with the requirements and provisions of this chapter and all City Codes as well as the requirements and provisions of such other permit.

(Prior code § 6300.50.3; Ord. No. 3023, § 4.C(Exh. C), 5-2-2023)

A. The Permit Committee shall issue or deny the issuance of a permit to an applicant within thirty (30) days after receipt of a completed application. The Permit Committee shall issue the permit unless the Permit Committee finds one or more of the following to be true:

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

2. An applicant is over due in payment to the city of fees owed by the applicant in relation to the adult-oriented business which is the subject of the application;

3. An applicant has failed to completely fill out the application for a permit 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-oriented business or any structural or operational element thereof has not been approved by the Community Development Department, Fire Department or the Police Department in compliance with applicable laws and ordinances, including the issuance of a conditional use permit pursuant to Section 17.123.050;

6. The applicant is operating the adult-oriented business without a permit in violation of Section 5.16.030 or Section 17.112.020;

7. The applicant has been convicted of a crime of moral turpitude at any time within a ten-year period preceding the date of the filing of the application.

B. The permit 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-oriented business. The permit shall be posted in a conspicuous place at or near the entrance of the adult-oriented business so that it may be easily read at any time.

C. The Clerk of the Permit Committee shall send to the applicant or licensee, by certified mail, return receipt requested, written notice of the action to issue or deny the permit. The decision of the Permit Committee to deny issuance of the permit may be appealed by the applicant to the City Council as provided in Section 5.16.100.

(Prior code § 6300.50.4; Ord. No. 3023, § 4.C(Exh. C), 5-2-2023)

The initial application fee, the initial permit fee, and the annual renewal fee for an adult-oriented business permit shall be as established by the City Council by resolution adopted from time-to-time in accordance with Government Code Section 66016.

(Prior code § 6300.50.5)

An applicant or permittee shall permit representatives of the Community Development Department, Fire Department and Police Department to inspect the premises of an adult-oriented business for the purpose of insuring 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.

(Prior code § 6300.50.6; Ord. No. 3023, § 4.C(Exh. C), 5-2-2023)

A. Each permit 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 should be filed at least thirty (30) days before the expiration date; the application for renewal shall not extend the permit beyond the expiration date. The Clerk of the Permit Committee shall issue the permit or deny the application for renewal within thirty (30) days.

B. An adult-oriented business which was lawfully established and continuously open for business at least one hundred and eighty (180) days preceding the date on which the ordinance codified in this Section becomes effective shall not be subject to the provisions of this chapter insofar as the issuance or renewal of a permit issued under this chapter may be concerned.

(Prior code § 6300.50.7)

The Permit Committee shall suspend a permit if it determines that a permittee has failed to comply with any of the provisions of Sections 5.16.030, 5.16.040 and 5.16.050 of this chapter. The suspension shall be for thirty (30) days or until the violation is corrected, whichever time period is longer.

(Prior code § 6300.50.8)

A. The Permit Committee shall revoke a permit if a cause for suspension in Section 5.16.080 occurs and the permit has previously been suspended within the preceding twelve (12) months; or,

B. The Permit Committee shall revoke a permit if it determines that:

1. A permittee submitted materially false or misleading information to the Permit Committee during the application process; or

2. A permittee or an employee knowingly operated the adult-oriented business when the permittee's permit was suspended;

C. When the Permit Committee revokes a permit, the revocation shall continue for one year and the permittee shall nor be issued and adult-oriented business permit for that business for one year from the date the revocation became effective.

(Prior code § 6300.50.9)

A. If the Permit Committee suspends or revokes a permit, the Secretary of the Permit Committee shall send to the applicant or permittee, by certified mail, return receipt requested, written notice of the action. The decision to suspend or revoke the permit shall be effective ten (10) days after the notice of the decision has been deposited in the United States Mail.

B. An appeal of the decision to suspend or revoke the permit may be submitted in writing to the City Clerk prior to the date on which the decision becomes effective. An application as submitted to the City Clerk of an appeal stays the decision to suspend or revoke the permit until a decision is rendered on the appeal by the City Council.

C. The appeal proceedings shall be conducted before the City Council within thirty (30) days following the date of receipt of the written application of the appeal by the City Clerk. The City Council may, in its sole discretion, appoint a hearing officer to conduct the hearing on the appeal provided however, that such an appointment of a hearing officer shall be made by the City Council within twenty (20) days following the date of receipt of the written application of the City Clerk. In either case, the hearing on the appeal shall be commenced within said thirty (30) day period and shall thereafter be concluded as promptly as prudent and feasible. The decision of the City Council (or its appointed hearing officer) regarding the action of the Permit Committee to suspend or revoke the permit shall be final and shall be subject to the provisions of Code of Civil Procedure Section 1094.6.

(Prior code § 6300.50.10)

Any permit shall be immediately void if the applicant attempts to transfer the permit to another person or location.

(Prior code § 6300.50.11)

The location of an adult-oriented business shall be as specified in the zoning regulations of this code.

(Prior code § 6300.50.12)

A person who operates or causes to be operated an adult-oriented business without a valid permit or in violation of Section 5.16.120, is subject to a suit for injunction as well as prosecution for criminal violations.

(Prior code § 6300.50.13)