Exeter Municipal Code Ch. 5.62 Licensing and Regulation of Sexually Oriented Businesses

A. One of the important purposes of the regulations set forth in this chapter is to discourage and to minimize the opportunity for criminal conduct. As such, nothing in this chapter shall permit or be interpreted to permit any use, conduct, and/or activity which is specifically prohibited under the following California Penal Code sections:

1. Receipt of money for placement of person for purposes of cohabitation (Penal Code §266d);

2. Purchase of person for purposes of prostitution or placement of person for immoral purposes (Penal Code §266f);

3. Sale of person for immoral purposes (Penal Code §266f);

4. Pimping (Penal Code §266h);

5. Pandering (Penal Code §266i);

6. Lewd or obscene conduct (Penal Code §314);

7. Houses of ill-fame (Penal Code §315);

8. Disorderly houses which disturb the immediate neighborhood (Penal Code §316);

9. Places of prostitution (Penal Code §317);

10. Place of prostitution; place of lewdness; place used as bathhouse permitting conduct capable of transmitting AIDS (Penal Code §11225).

B. Nothing in this chapter shall be interpreted to permit or permit any use, conduct, and/or activity which violates any federal, state or local law or regulation.

C. A "sexual encounter establishment" is not a permitted use. For purposes of these regulations, a "sexual encounter establishment" means any business or commercial establishment that as one of its important business purposes offers for any form of consideration a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" when one or more of the persons of the establishment is in a "state of nudity" or where two or more persons may congregate, associate, or consort for the purpose of the exposure of "specified anatomical areas" where one of the patrons of the establishment is in a "state of nudity" or "state of semi-nudity." The definition of sexual encounter establishment shall not include an establishment where a medical practitioner, physiologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

(Ord. 621 §1(part), 2004)

It is the purpose and intent of this chapter to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. 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 the ordinance codified in this chapter to condone or legitimize the distribution of obscene material.

(Ord. 621 §1 (part), 2004)

The following uses and/or activities shall be classified as "sexually oriented businesses":

A. Adult arcades;

B. Adult bookstores;

C. Adult cabarets;

D. Adult motels;

E. Adult motion picture theaters;

F. Adult novelty stores;

G. Adult theaters;

H. Adult video stores; and

I. Nude model studios.

(Ord. 621 §1(part), 2004)

For purposes of this chapter, certain words and phrases are defined as follows:

"Sexually oriented businesses" are those businesses defined as follows:

1. "Adult arcade" means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are regularly available or used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

2. "Adult bookstore," "adult novelty store" or "adult video store" means a commercial establishment which (a) has a significant or substantial portion of its stock-in-trade or (b) derives a significant or substantial portion of its revenues or (c) devotes a significant or substantial portion of its interior floor or display space or (d) devotes a significant or substantial port of its business activities or employees' time, or advertising, to the sale, rental or viewing for any form of consideration, of any one or more of the following:

a. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representatives which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas";

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

c. An establishment may have other significant or substantial business purposes that do not involve the offering for sale, rental or viewing of materials, depicting or describing "specified sexual activities" or "specified anatomical areas," and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its significant or substantial business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe "specified anatomical areas" or "specified sexual activities."

3. "Adult cabaret" means a nightclub, bar, restaurant, "bottle club" or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features: (a) persons who appear nude or in a state of nudity or semi-nude; (b) live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities" or (c) films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

4. "Adult motel" means a motel, hotel or similar commercial establishment which: (a) offers public accommodations, for any form of consideration, and which regularly provides or makes available to patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way or by means of any off premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television, or (b) offers a sleeping room for rent for a period of time less than ten hours; or (c) allows a tenant or occupant to rent or sub-rent the sleeping room for a time period of less than ten hours.

5. "Adult motion picture theater" means commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions depicting or describing "specified sexual activities" or "specified anatomical areas" are regularly shown for an any form of consideration.

6. "Adult theater" means a theater, concert hall, auditorium or similar commercial establishment which, for any form or consideration, regularly features person who appear in a state of nudity or live performances which are characterized by exposure of "specified anatomical areas" or by "specified sexual activities."

7. "Nude model studio" means any place where a person, who appears in a state of nudity or displays "specified anatomical areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This term does not include a modeling class operated by a proprietary school, licensed by the state of California; a college, junior college, or university supported entirely or partly by taxation; by a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing, where in order to participate in a class a student must enroll at least three days in advance of the class, and where no more than one nude model is on the premises at any one time.

8. "Regularly features or regularly shown" with respect to an adult cabaret, adult theater, or adult motion picture theater means at least three times within any thirty day period; or carried on as part of the business' routine scheduling of events or activities and not so infrequently as to constitute a single, rare or unusual event or occurrence.

9. "Significant or substantial portion" means such a percentage of its activities, space allocation, revenues, advertising targeting, stock in trade, floor or display space, business receipts, revenues, or other business undertakings as to indicate to a reasonable person that the sexually oriented portion of the business is one of its important activities, though not necessarily its only or even primary activity; for this purpose, evidence that twenty-five percent or more of its revenue are derived from such sexually oriented activities or materials, or that twenty-five percent or more of its interior floor space or display space is devoted to such sexually oriented activities or materials, or that twenty-five percent or more of its actual stock in trade regularly displayed and immediately available for use, rental, purchase, viewing or perusal is comprised of such sexually oriented materials, all as defined in this section of this chapter, definitions, shall be evidence that a "significant or substantial portion" of the business is devoted to such uses.

"Employee" means a person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.

"Establishment" means and 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 in this chapter;

3. The addition of any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business;

4. The relocation of any such sexually oriented business; or

5. The substantial enlargement of any such sexually oriented business.

"Nudity or state of nudity" means: (a) the appearance or display of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or (b) a state of dress which fails to opaquely and fully cover a human buttock, anus, male or female genitals, pubic region or areola or nipple of the female breast.

"Operator" means and includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.

"Permitted" or "unlicensed premises" means any premises that requires a license and/or permit and that is classified as a sexually oriented business.

"Permittee and/or licensee" means a person in whose name a permit and/or license to operate a sexually oriented business has been issued as well as the individual listed as an applicant on the application for a permit and/or license.

"Person" means an individual, proprietorship, partnership, corporation, association or other legal entity.

"Public building regularly frequented by children" means any building owned, leased or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used as a library, community center, children's center, or any other use having special attraction to children, or which building is often visited by children for social activities unaccompanied by their parents or other adult custodians.

"Public park" or "recreation areas" means public land which has been designated for park or recreational activities including, but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space wilderness areas, or similar public land within the city which is under the control, operation, or management of the city park and recreation authorities.

"Religious institution" means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities, as identified on the latest equalized tax assessment roll.

"School" means any public or private educational facility including, but not limited to nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.

"Semi-nude" means a state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps and devices.

"Sensitive land uses" means residences and residential neighborhoods, child day care facilities, cemeteries, religious institutions, schools, boys' clubs, girls' clubs, or similar existing youth organizations, or public parks, or any public building regularly frequented by children.

"Sexually oriented business" means an adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, sexual encounter establishment, escort agency or nude model studio.

"Specified anatomical areas" as used in this chapter means and includes any of the following:

1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, 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" as used in this chapter means and includes any of the following:

1. The fondling or other intentional touching of buttocks or purpose of sexual arousal, or fondling or other intentional touching of human genitals, pubic region, anus, or female breasts;

2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

3. Masturbation, actual or simulated;

4. Human genitals in a state of sexual stimulation, arousal or tumescence;

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

"Substantial enlargement of a sexually oriented business" means an increase in the floor areas occupied by the business as the floor areas existed on the affected date of the ordinance codified in this chapter.

"Transfer of ownership or control of a sexually oriented business" means and includes any of the following:

1. The sale, lease or sublease of the business;

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

(Ord. 621 §1(part), 2004)

No person shall operate, maintain, manage or conduct a sexually oriented business without a valid sexually oriented business permit issued by the city for the particular type of sexually oriented business.

(Ord. 621 §1(part), 2004)

A. The city's designee is responsible for granting, denying, revoking, renewing, suspending, and canceling sexually oriented business permits for proposed or existing sexually oriented businesses.

B. The city's designee shall be the city administrator, or any other officer or employee designated in writing by the city administrator to deal with the provisions of this chapter.

C. An completed application shall contain the following information and shall be accompanied by the following documents:

1. If the applicant is:

a. An individual, the individual shall state his/her legal name, any aliases, and date of birth,

b. A partnership, the partnership shall state its complete name and the names of all general partners,

c. A corporation, the corporation shall state its complete name, the names and capacity of all officers, directors and the name and address of the registered corporate agent for service of process;

2. If the applicant intends to operate the sexually oriented business under a name than that on the application, he/she must state the sexually oriented businesses' fictitious name;

3. A statement as to whether the applicant or any other individuals identified in the application, excluding any agent for service of process who is not also listed as a director or officer, has had a previous permit under this chapter, or any other similar sexually oriented business ordinance of the city, denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation;

4. A statement as to whether the applicant or any other individuals identified in the application, excluding any agent for service of process who is not also listed as a director or officer, has been a sole proprietor, general partner, officer, a director of a sexually oriented business that has had a previous permit under this chapter, or any other similar sexually oriented business ordinance of the city denied, suspended or revoked by the city, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of denial, suspension or revocation;

5. The name(s) of the responsible person(s) who will be on the premises to act as manager during the times that the business is open, or a statement that the applicant has not yet selected the manager(s);

6. The classification, as defined in this chapter, of sexually oriented business for which the applicant is seeking a permit;

7. The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s) currently in service;

8. The applicant's address;

9. A recent photograph of the applicant;

10. The applicant's driver's license number or permit number or identification number and social security number and/or the applicant's state or federally issued tax identification number;

11. A clearly legible sketch or diagram showing the configuration of the premises all improvements to the site including, parking, landscaping, sign configuration and location and outdoor lighting, including a statement of total floor space and its purpose, occupied by the business. The sketch or diagram need not be professionally prepared, but it 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;

12. A radius map prepared within thirty 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 six hundred feet of the property line of the sexually oriented businesses for which a permit is requested; and (2) the property lines of any cemetery, church, school, park, or other sensitive use within one thousand feet of the property line of the sexually oriented business;

13. A diagram of the off-street parking areas and premises entries of the sexually oriented business showing the location of the lighting system required pursuant to this chapter;

14. Each individual listed on the application pursuant to subsection D of this section, excluding any agent for service of process who is not also listed as a director or officer, shall sign the application;

15. The applicant's fingerprint on a form approved by the city's police department.

D. The applicant shall be required to pay a nonrefundable application fee of one hundred dollars at the time of filing an application pursuant to this chapter.

(Ord. 621 §1(part), 2004)

A. The fact that a person possesses other types of state or city permits and/or licenses does not exempt him/her from the requirement of obtaining a sexually oriented business permit.

B. By applying for a permit under this chapter, the applicant shall be deemed to have consented to the provisions of this chapter and to the exercise by the city or its designee, the police chief's office, and all other city departments charged with enforcing the laws, ordinances and codes applicable in the city, of their respective responsibilities under this chapter.

C. An operator shall promptly update, correct or supplement the information contained in the application for a sexually oriented business permit on file with the city as necessary to keep the information contained therein accurate.

(Ord. 621 §1(part), 2004)

A. Upon receipt of an application properly filed with the city and upon payment of the non-refundable application fee, the city or its designee shall immediately stamp the application as received on that date.

B. If the city designee determines that the applicant has completed the application improperly, or otherwise deems the application to be incomplete, the city designee shall, within fifteen days of receipt of the original application, notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time twenty days or less to submit a complete application. In addition, the applicant may request an extension, not to exceed fifteen days, of the time for the city designee to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.

(Ord. 621 §1(part), 2004)

Within thirty business days of receipt of a completed application, the city shall issue a sexually oriented business permit upon verification of the following facts:

A. The location of the business complies with all applicable zoning laws;

B. The configuration of the premises, as set out in the sketch or plan submitted with the application, does not reveal any violation of applicable health, zoning, fire and safety laws of the state of California and ordinances of the city of Exeter applicable thereto, including those set out in this chapter;

C. The applicants or individuals identified therein, excluding any agent for service of process who is not also listed as a director or officer, are not otherwise disqualified from lawful operation of a sexually oriented business pursuant to any state, county, federal or local law, including those set out in this chapter;

D. The applicant is eighteen years of age or older;

E. The applicant has provided all information required by this chapter, none of which is known to the city to be incorrect;

F. The application or permit fees required by this chapter have been paid;

G. Applicant has no prior conviction of sexually related convictions listed in Section 5.62.010.

(Ord. 621 §1(part), 2004)

The city, or its designee, shall grant or deny a completed application for a permit within thirty business days from the date receipt by the city of a complete application. Upon the expiration of the thirtieth day, unless the city or its designee has given written notice to the applicant, the application shall be deemed granted and the operator shall be excused from the requirement that a duly issued permit be posted at the premises until such time as said permit is issued pursuant to this section.

(Ord. 621 §1(part), 2004)

If the city or its designee denies the application, he/she shall notify the applicant of the denial and state the reason(s) for the denial. Any subsequent application which has been supplemented to cure the grounds for prior denial shall be treated as a new application.

(Ord. 621 §1(part), 2004)

A. The annual fee for a sexually oriented business permit is set forth in resolution, to partially offset the costs of monitoring and policing the operation of the business entities involved.

B. The city council hereby determines that the actual cost of monitoring and policing each such business is at least that amount.

C. Said fee shall be due yearly on the anniversary of the issuance of the permit and shall be deemed delinquent thirty days thereafter.

(Ord. 621 §1(part), 2004)

Every operator shall permit representatives of the city and/or police, fire or health departments to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law at any time it is occupied or open for business.

(Ord. 621 §1(part), 2004)

A. Administrative Appeal to the City Council. After denial of an application or suspension or revocation of a permit, the applicant or permittee may seek, prompt review of such administrative action through the city council, by filing a written appeal within ten calendar days of the action. The council shall promptly set an administrative hearing in accordance with the provision of Exeter Municipal Code Section 5.04.120.

B. Expedited Review of Free Speech Claims. An administrative appeal shall be heard and decided at the next regularly scheduled city council meeting when the written request for an administrative appeal alleges that the administrative action constitutes a violation of the applicant or permittee's state or federal constitutional rights to free speech, press or expression. If affirmed by the city council, the administrative action is subject to prompt review by the superior court for the state of California, in and for the county of Tulare, pursuant to California Code of Civil Procedure Section 1094.8. Additionally, the applicant or permittee may seek a temporary or preliminary injunction, stay of the administrative action pending judicial review and/or a permanent injunction or declaratory relief.

(Ord. 621 §1(part), 2004)

A. A permittee shall not operate sexually oriented business under the authority of a permit at any place other than the address designated in the application for permit.

B. A permittee shall not transfer his/her permit to another person unless and until such other person satisfied the following requirements:

1. Obtains an amendment to the permit from the city or its designee, which provides that he/she is now the permittee, which amendment may be obtained only if he/she has completed and properly filed an application with the city or its designee, setting forth the information called for under Section 5.62.080 of this chapter in the application; and

2. Pays a transfer of fifty percent of the annual permit set by resolution.

C. No permit may be transferred during the pendency of administrative procedures following notice by the city or its designee to the permittee that suspension or revocation proceedings have been or will be brought against the permittee, until such proceedings have been completed, withdrawn or otherwise canceled.

D. Permittee shall not transfer a permit whether directly or indirectly in violation of this section is hereby declared void, and the permit shall be considered abandoned and shall automatically revert to the city.

(Ord. 621 §1(part), 2004)

A. As a further condition of approval of every sexually oriented business permit issued pursuant to this chapter, every owner or operator shall register every employee or independent contractor working on its premises with the police department within five business days of the commencement of the employee's period of employment at the sexually oriented business.

B. Each employee/independent contractor shall be required to provide two recent color passport quality photographs and shall allow himself or herself to be fingerprinted by the police department for purposes of identification. In addition, each new employee/independent contractor shall provide the following information on a form provided by the police department.

1. Name, current resident address, telephone number;

2. Date of birth;

3. Social security number;

4. Height, weight, color of eyes and hair;

5. Stage name (if applicable) and other aliases used within the previous two years.

C. The information provided for purposes of this section shall be maintained by the police department as confidential information and shall not be disclosed as public records unless pursuant to an order issued by a court of competent jurisdiction.

D. Each owner or operator of a sexually oriented business shall maintain a current register of names of all employees and independent contractors currently employed by or working at the sexually oriented business, and shall disclose such registration for inspection by any designated city representative for purposes of determining compliance with this section.

E. Failure to register each new employee/independent contractor within five days of commencement of employment, or to maintain a current register of the names of all employees shall be deemed a violation of the conditions of the permit and may be considered grounds for suspension or revocation of the permit.

(Ord. 621 §1(part), 2004)

A. Visibility.

1. The entire interior of an adult arcade, adult bookstore, audit novelty store, adult cabaret, adult video arcade, nude model studio, and any nonconforming sexual encounter establishment and the entire concession area of an adult motion picture theater or adult theater, the entire common areas of an adult motel, and the entire exhibition area of an adult motion picture theater or adult theater, shall be visible upon entrance to such areas.

2. Visibility from the entrance shall not be obstructed by any curtain, door, wall, merchandise rack, or any other thing.

3. No partially or fully enclosed booths or partially or fully concealed booths shall be maintained within the sexually oriented business.

4. No patrons shall be permitted access to any area of the premises not visible from the entrance.

5. Customers, patrons or visitors of adult arcades shall be prohibited from standing 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. 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:

7. All off-street parking area and premise entries of the sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking surface and/or walkways. The required lighting level established in order to provide sufficient illumination of the parking areas and walkways serving the sexually oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.

8. The building entrance to a sexually oriented business shall be clearly and legibly posted with a notice indicating that persons under eighteen years of age are precluded from entering the premises. Said notice shall consist of letters no less than one inch in height. No person under the age of eighteen years shall be permitted within the premises at any time.

9. The building entrance to a sexually oriented business shall be clearly and legibly posed with a notice indicated that no alcoholic beverages are permitted on the premises. That persons under eighteen years of age are precluded from entering the premises.

B. Exceptions to Visibility Requirements.

1. Section 5.62.180(A) shall not apply to those areas of a sexually oriented business to which only employees are permitted access and patrons are excluded and which cannot be viewed from any area accessible to pat-rons.

2. Section 5.62.180(A) shall not apply to a restroom; however, no restroom shall contain any merchandise, materials, product, or service referenced in Section 5.62.040 of this chapter.

C. Private Viewing Booths or Rooms.

1. No viewing room or booth of an adult arcade or adult video arcade may be occupied by more than one person at any time.

2. 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.

3. The floors, seats, walls and other interior portions of all viewing rooms or booths shall be maintained clean and free from waste and bodily secretions.

D. Business Hours. A sexually oriented business shall be open for business only between the hours of nine a.m. on any particular day to two a.m. the next morning.

E. Posting Permit. A valid sexually oriented business permit duly issued pursuant to this chapter shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it can be easily read at all times.

F. Manager on Duty.

1. There shall be a responsible person on the premises to act as manager at all times during which the business is open.

2. At all times that any patron is present inside the premises, at least one manager shall be situated at a location within the premises so as to allow her/him an unobstructed view of the entire area accessible to patrons. Within those sexually oriented businesses lawfully configured to include more than one open room accessible to patrons, such as an adult theater with both a concession area and an exhibition area, or various common areas of an adult motel, sufficient additional managers shall be present as necessary to allow management personnel to maintain an unobstructed view of the entirety all areas accessible to patrons, at all times.

3. Every permittee shall ensure that all employees are familiar with the provisions of this chapter as amended from time to time and with all other regulations adopted by the city related to sexually oriented businesses.

G. Required Physical Modification to Premises.

1. An operator of a sexually oriented business shall be permitted a reasonable period of time to make modifications to the business premises if such modifications are made necessary by the implementation of the provisions of this chapter.

2. The reasonable period of time shall normally be thirty days from the effective date of said ordinance to file the appropriate plans and designs with the city, and up to ninety days thereafter for completion of the modifications.

3. Should modifications be so extensive as to reasonably require a longer period of time, the city or its designee may grant a longer period of time for completion of such modifications, in consultation with the city's building officials.

H. Separate Restrooms. 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 motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this paragraph shall not apply to an adult-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.

I. No Alcohol. No alcoholic beverages shall be served or consumed on the premises of any sexually oriented business.

(Ord. 621 §1(part), 2004)

It is unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and knowingly, or with the reasonable cause to know, permits, suffers, or allows:

A. Admittance of a person under eighteen years of age to the business premises;

B. A person under eighteen years of age to remain at the business premises;

C. A person under eighteen years of age to purchase goods or services at the business premises; or

D. A person who is under eighteen years of age to work at the businesses premises as an employee;

E. The view of the entrance to any sexually oriented business from outside of the business shall be designed in a manner that obscures the view of the interior of the premises from minors outside the premises so as to prohibit minors from viewing or seeing any material, conduct or activities which depict, describe or display "specified sexual activities" or "specified anatomical areas."

(Ord. 621 §1(part), 2004)

A. No display or exhibit depicting or describing "specified sexual activities" or "specified anatomical areas" shall be placed in, on or at the site of the subject premises in such a manner as to be visible from the exterior of the premises.

B. The building entrance to a sexually oriented business shall be clearly and legibly posted with a notice indicating that persons under eighteen years of age are precluded from entering the premises. Said notice shall consist of letters no less than one inch in height.

C. The building entrance to a sexually oriented business shall be clearly and legibly posted with a notice indicting that no alcoholic beverages are to be served or consumed on the premises. Said notice shall consist of letters no less than one inch in height.

D. The building entrance to a sexually oriented business shall be clearly and legibly posted with a notice indicating business's hours of operation.

(Ord. 621 §1(part), 2004)

The following additional requirements shall pertain to sexually oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities:

A. No person shall perform live entertainment for patrons of a sexually oriented business except upon a stage at least eighteen inches above the level of the floor which is separated by a distance of at least ten feet from the nearest area occupied by patrons, and no patron shall be permitted within ten 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;

B. The sexually oriented business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use;

C. The sexually oriented business shall provide an entrance/exit for entertainers which is separate from the entrance/exit used by patrons;

D. The sexually oriented business shall provide access for entertainers between the stage and 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;

E. No entertainer, either before, during or after performance, 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;

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

G. No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit any pay or gratuity from any patron;

H. No owner or other person with managerial control over a sexually oriented business (as that term is defined in this chapter) 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 areola;

I. 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 thirty-five persons, an additional security guard shall be on duty. Additional security guards may be required if the occupancy limit of the premises is greater than seventy persons. Security guard(s) shall be charged with preventing the 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 pursuant to this subsection shall not 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;

J. The foregoing applicable requirements of this section shall be deemed conditions of sexually oriented business regulatory permit approvals, and failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to these regulations;

K. Every permittee of a sexually oriented business which provides live entertainment pursuant to this chapter must maintain a register of all persons so performing on the premises. Such register shall be available for inspection during the regular business hours by any designee of the city of Exeter.

(Ord. 621 §1(part), 2004)

A. It is a defense to prosecution for any violation of this chapter that a person appearing in a state of nudity did so in a modeling class operated:

1. By a college, junior college, or university supported entirely or partly by taxation;

2. By a private college or university which maintains and operates educational programs in which credit are transferable to a college, junior college, or university supported entirely or partly by taxation; or

3. In a structure:

a. Which has no sign visible from the exterior of the structure and not other advertising that indicates a nude person is available for viewing,

b. Where, in order to participate in a class, a student must enroll at least three days in advance of the class, and

c. Where no more than one nude model is on the premises at any one time.

B. It is a defense to prosecution of a violation of this chapter that an employee of a sexually oriented business, regardless of whether or not it is permitted under this chapter, exposed any specified anatomical area during the employee's bona fide use of a restroom, or during the employee's bona fide use of a dressing room which is accessible only to employees.

(Ord. 621 §1(part), 2004)

A. If any person fails or refuses to obey or comply with or violates any of the provisions of the chapter, such person, upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed five hundred dollars of by imprisonment not to exceed sixty days in the jail, or both, in the discretion of the court. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense.

B. Nothing in this chapter contained shall prevent or restrict the city form taking such other lawful action as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, a nuisance abatement proceeding pursuant to Chapter 7.28 of the Exeter Municipal Code, a civil nuisance abatement of equitable action for injunctive relief or an action at law for damages in any court of competent jurisdiction.

C. All remedies and penalties provided for in this chapter shall be cumulative and independently available to the city, and the city shall be authorized to pursue any and all remedies set forth in this section to the full extent allowed by law.

D. The city shall be entitled to recover all attorney's fees and costs in incurred in the filing or prosecution of any action or administrative proceeding brought to enforce any provisions(s) of the chapter.

(Ord. 621 §1(part), 2004)

A. After an investigation, notice and hearing, the city administrator or his designee shall suspended or revoke an existing permit, or impose such conditions upon the retention of the permit as shall be found to be necessary to assure the preservation of the public health and safe-ty, if the evidence presented established that one of the following conditions exist:

1. The building, structure, equipment, location, or manner of operation of such business does not comply with the requirements of or fails to meet the standards of the health, zoning, fire and safety laws of the state of California and ordinances of the city of Exeter applicable to such business operations.

2. The permittee, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statements of material fact in the application for sexually oriented business permit, or in any report or record to be filed with the city pertaining to the permit for the sexually oriented business, or has violated any rule or regulation duly adopted by the city relating to sexually oriented businesses, including those set out in this chapter.

3. A court of competent jurisdiction has found that the permittee, his or her employee agent, partner, director, manager, or stockholder has knowingly engaged in or allowed or permitted to be committed any unlawful act of sexual intercourse, sodomy, oral copulation, masturbation, or distribution of obscenity, on or in the subject premises.

4. A court of competent jurisdiction has found that the permittee, his or her employee, agent, partner, director, manager, or stockholder has knowingly engaged in or permitted or allowed to occur unlawful solicitations for sexual intercourse, sodomy, oral copulation, masturbation or distribution of obscenity, on or in the subject premises.

5. A court of competent jurisdiction has found that the permittee, his or her employee, agent, partner, director, manager, or stockholder has knowingly engaged in or permitted or allowed, in or on the premises, the unlawful possession, use or sale of controlled substance, as defined by the California Uniform Controlled Substances Act, California Health and Safety Code Section 11000 et seq., as amended from time to time.

6. More than thirty days have elapsed since a tax, fee, fine, any form of regulatory assessment of judgment for monetary damages, irrespective of any other form of relief set out in the judgment, which is to be paid to the city has been imposed against a sexually oriented business, and said sum remains owing.

B. In the event that a permit for a sexually oriented business is revoked pursuant to any applicable law the premises shall be closed and shall not be used as a sexually oriented business of any classification for a period of one year commencing on the date of revocation. Further, the operators of the sexually oriented business closed due to suspension or revocation of a permit shall be disqualified from operating any other sexually oriented business established thereafter within the city during the entire period of any such suspension, or for one year if the license was revoked.

(Ord. 621 §1(part), 2004)

The city and its designee, the chief of police's office and all other departments and agencies, and all other city officers, agents and employees, charged with enforcement of state and local laws and codes shall be immune from prosecution, civil or criminal for reasonable, good-faith trespass upon a sexually oriented business while acting within the scope of authority conferred by this chapter.

(Ord. 621 §1(part), 2004)

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity of effectiveness of the remaining portions of the chapter or any part thereof. The city council hereby declares that it would have passed each section, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.

(Ord. 621 §1(part), 2004)