Elk Grove Municipal Code Art. I General Provisions

It is the intent of this chapter to regulate adult-oriented businesses in order to promote the health, safety, and general welfare of the residents of the City. The provisions of this chapter have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials and paraphernalia protected by the First Amendment, or denying access by the distributors, exhibitors, and performers of adult-oriented entertainment to their intended market. In addition, the provisions of this chapter have neither the purpose nor effect of condoning or legitimizing the distribution of obscene material.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

A. It is a violation of this chapter for any person to engage in, conduct, or carry on, or permit to be engaged in, conducted, or carried on, in or upon any premises in the City, the operation of an adult-oriented business unless the person first obtains and continues to maintain in full force and effect a valid adult-oriented special business license issued by the Chief of Police pursuant to this chapter.

B. It is a violation of this chapter for any person who operates an adult-oriented business to employ or permit a person to work for or at the adult-oriented business who does not possess a valid adult-oriented business employee permit issued by the Chief of Police pursuant to this chapter.

C. It is a violation of this chapter for any person to obtain employment with or perform, work for or at an adult-oriented business unless the person first obtains and continues to maintain in full force and effect a valid adult-oriented business employee permit issued by the Chief of Police pursuant to this chapter. These provisions shall not apply to persons exclusively on the premises of the adult-oriented business to render only repair or maintenance services or to deliver equipment or goods to the adult-oriented business as long as such persons are not nude, semi-nude, in a state of nudity, or in a semi-nude condition.

D. It is a violation of this chapter for any person to engage in or participate in any live performance distinguished or characterized by the performance, showing or simulation of specified anatomical areas or involving specified sexual activities in an adult-oriented business unless the person first obtains and continues to maintain in full force and effect a valid adult-oriented business employee permit issued by the Chief of Police pursuant to this chapter.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

Adult-oriented businesses are classified as follows:

A. Adult arcades;

B. Adult bookstores (including adult novelty stores or adult video stores);

C. Adult cabarets;

D. Adult motels (including adult hotels);

E. Adult motion picture theaters;

F. Adult theaters;

G. Nude model studios; and

H. Sexual encounter centers.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)