Fairfield Municipal Code Art. II Adult Entertainment Regulatory Permit

It is unlawful for any person to operate, engage in, conduct or carry on any adult entertainment business unless the owner of such business first obtains from the director, and continues to maintain in full force and effect, an adult entertainment regulatory permit for such business.

(a) The owner of a proposed adult entertainment business shall be the only person eligible to obtain an adult entertainment business regulatory permit for such business. The owner shall not be eligible to obtain an adult entertainment business regulatory permit unless the owner is at least eighteen (18) years of age.

(b) The following shall be submitted to the director at the time of application for an adult entertainment business regulatory permit:

(1) A completed application form signed by: (i) the applicant; and (ii) either the record owner of the property or the lessor of the premises (if the business premises are leased to the applicant business) where the adult entertainment business is to be conducted.

(2) The applicant’s fingerprints on a form provided by the Fairfield Police Department. Any fees for the fingerprints shall be paid by the applicant.

(3) Two (2) color photographs, taken within six (6) months prior to the date of the application, that clearly show the applicant’s face. Any fees for the photographs shall be paid by the applicant.

(4) A written description of the proposed adult entertainment business and how it will satisfy the requirements of this chapter.

(5) A site plan depicting the building and unit proposed for the adult entertainment business. The site plan shall include a dimensional interior floor plan that depicts how the business will comply with the requirements of this chapter. The site plan shall also include a diagram of the off-street parking areas required by Section 25.26 of Article I of Chapter 25 of this Code.

(6) A statement signed by the applicant certifying under penalty of perjury that all of the information submitted in connection with the application is true and correct.

(7) A nonrefundable application fee in an amount set by resolution of the city council.

(c) If the director determines that the applicant has completed the application improperly, the director shall promptly notify the applicant of such fact and shall return the application unprocessed. On request of the applicant, the director shall grant the applicant an extension of time of ten (10) days to complete the application properly. The time period for granting or denying the requested permit shall be stayed during the period in which the applicant is granted an extension of time.

The director shall, within thirty (30) city business days of the filing of a complete application, approve and issue the adult entertainment regulatory permit if the 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 applicant in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service on the date of such decision. If the application is denied, the director shall attach to the notice a statement of the reasons for the denial. The time period set forth in this paragraph shall not be extended except upon the written consent of the applicant. Any interested person may appeal the decision of the director to the hearing officer in accordance with Article V of this chapter.

(a) No person shall operate an adult entertainment business under the authority of an adult entertainment regulatory permit at any place other than the address of the adult entertainment business stated in the application for the permit.

(b) No adult entertainment regulatory permit issued pursuant to this chapter shall be transferable.

(c) Any attempt to transfer an adult entertainment regulatory permit is hereby declared invalid and the permit shall automatically become void effective the date of such attempted transfer.

(d) Nothing in this Section shall prevent the director from approving a second adult entertainment regulatory permit for a single location provided that the holder of the adult entertainment regulatory permit previously approved for such location consents in writing to the automatic expiration of such previously approved permit upon the effective date of such second permit.

Adult entertainment businesses shall comply with the location criteria of Section 25.20(a)(13)(A) of Article I of Chapter 25 of this Code.

(a) No adult entertainment business shall be located in any temporary or portable structure.

(b) Trash dumpsters shall be enclosed by a locked screening enclosure so as not to be accessible to the public.

(c) No landscaping shall exceed thirty inches (30") in height, except trees with foliage not less than six feet (6’) above the ground; provided, however, that landscaping in place at an existing building shall not have to be removed.

(d) All off-street parking areas and premise entries of the adult entertainment business shall be illuminated from dusk to closing hours of operation with a lighting system that provides an average maintained horizontal illumination of one (1) footcandle of light on parking surfaces and walkways and a minimum maintained horizontal illumination of one-fourth (1/4) footcandle of light on parking surfaces. The lighting shall be shown on the site plan required by Section 10D.4.

(e) The premises within which the adult entertainment business is located shall provide sufficient sound-absorbing insulation so that noise generated inside the premises shall not be audible anywhere on adjacent property, public rights-of-way or within any separate unit within the same building.

(f) All indoor areas of the adult entertainment business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.

(g) All indoor areas of the adult entertainment business shall be illuminated at a minimum of the following footcandles, minimally maintained and evenly distributed at ground level:

(h) The adult entertainment 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 adult entertainment material and adult entertainment merchandise. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this paragraph shall not apply to an adult entertainment business that: (i) is not required to and does not provide restroom facilities to patrons or the general public; and (ii) deals exclusively with sale or rental of adult entertainment material or adult entertainment merchandise that is not used or consumed on the premises.

(i) Adult arcades shall comply with the following additional requirements:

(1) The interior of the premises shall be configured in such a manner that from a manager’s station there is an unobstructed view of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. If the premises has two (2) or more designated manager’s stations, then the interior shall be configured in such a manner that from at least one (1) of the manager’s stations there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, excluding restrooms. The view required in this subparagraph must be direct line of sight from the designated manager’s station.

(2) At all times the view specified in subparagraph (1) shall remain unobstructed by doors, walls, merchandise, display racks, or other materials.

(3) The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times. The walls or partitions between viewing rooms or booths shall not contain holes between any two (2) such rooms or booths such as would allow either: (i) viewing from one (1) room or booth into another; or (ii) physical contact of any kind between the occupants of any two (2) such rooms or booths.

(4) Signs prohibiting loitering shall be posted in prominent places in and near viewing rooms and booths.

(5) No alteration in the configuration of a manager’s station shall be made without the written approval of the director.

(j) Adult cabarets shall comply with the following additional requirements:

(1) The interior of the premises shall be configured in such a manner that from a manager’s station there is an unobstructed view of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. If the premises has two (2) or more designated manager’s stations, then the interior shall be configured in such a manner that from at least one (1) of the manager’s stations there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, excluding restrooms. The view required in this subparagraph must be direct line of sight from the designated manager’s station.

(2) At all times the view specified in subparagraph (1) shall remain unobstructed by doors, walls, merchandise, display racks, or other materials.

(3) No alteration in the configuration of a manager’s station shall be made without the written approval of the director.

(4) Separate dressing room facilities for entertainers, exclusively dedicated to the entertainers’ use, shall be provided.

(5) Access between the stage and the entertainers’ dressing room facilities, completely separated from the patrons, shall be provided. If such separate access is not physically feasible, a minimum three foot (3') wide walk aisle between the entertainers’ dressing room facilities and the stage shall be provided. Such walk aisle shall contain a railing, fence or other barrier separating the patrons and the entertainers. Such railing, fence or other barrier shall be at least thirty inches (30") in height and shall be sufficient to prevent any physical contact between patrons and entertainers.

(a) No adult entertainment business shall be operated in a manner that permits the observation, from public rights-of-way or locations outside the establishment, of either: (i) adult entertainment material; (ii) adult entertainment merchandise; (iii) specified sexual activities; (iv) specified anatomical areas; or (v) any nude or semi-nude person. This provision shall apply to any display, decoration, sign, show window or other opening.

(b) Exterior doors and windows of the adult entertainment business shall not be propped or kept open at any time while the business is open.

(c) No person under the age of eighteen (18) years shall be permitted within the adult entertainment business at any time.

(d) The adult entertainment business shall maintain a security system for parking surfaces serving the business in accordance with the following standards:

(1) Businesses served by on-site parking surfaces shall maintain a security system that visually monitors and records such parking surfaces.

(2) Businesses served by off-site parking surfaces shall maintain either (i) a security system that visually monitors and records such parking surfaces or (ii) at least one (1) security guard charged exclusively with monitoring such parking surfaces at all times while the business is open; provided, however, that this subparagraph shall not apply to any business served by off-site parking surfaces that are used exclusively for valet parking.

(e) Security guards shall be employed in accordance with the following standards:

(1) One (1) security guard shall be on duty at all times while the business is open; provided, however, that an additional security guard shall be on duty if the occupancy limit of the premises is greater than fifty (50) persons.

(2) The security guard(s) shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public.

(3) The security guard(s) shall be charged with preventing violations of law, enforcing patron compliance with the requirements of this chapter, and with notifying the Fairfield Police Department of any violations of law observed.

(4) No security guard required pursuant to this paragraph shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager’s station while acting as a security guard.

(f) No adult entertainment business shall operate between the hours of two (2) a.m. and eight (8) a.m. on any day.

(g) The exterior grounds of the premises of the adult entertainment business shall be free from all adult entertainment material and adult entertainment merchandise.

(h) Adult arcades shall comply with the following additional requirements:

(1) No viewing room or video booth may be occupied by more than one (1) person at any one time.

(2) At least one (1) employee shall be on-duty and stationed at each manager’s station at all times that a patron is present inside the premises.

(3) Customers, patrons or visitors shall not be allowed to loiter in either: (i) the vicinity of viewing rooms or booths; or (ii) the common area of the business.

(4) The floors, seats, walls and other interior portions of viewing rooms and booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any viewing rooms or booths shall be evidence of improper maintenance and inadequate sanitary controls.

(i) Adult cabarets shall comply with the following additional requirements:

(1) No entertainer shall perform except upon a stage that is both: (i) at least eighteen inches (18") above the level of the floor; and (ii) separated by a distance of at least six feet (6' ) from the nearest area occupied by patrons.

(2) No patron shall be permitted within six feet (6') of the stage while the stage is occupied by an entertainer nor shall a patron be permitted within six feet (6') of any person dancing for any form of consideration.

(3) No entertainer shall have physical contact with a patron before, during or after performances. This subparagraph shall only apply to physical contact on the premises of the business.

(4) No owner or other person with managerial control over the adult entertainment business shall permit any person on the premises to engage in a live performance characterized by the exposure of specified anatomical areas.

(5) No patron shall have physical contact with an entertainer before, during or after performances. This subparagraph shall only apply to physical contact on the premises of the business.

(6) No patron shall directly pay or give any gratuity to an entertainer in conjunction with a performance. For purpose of this provision, "directly pay or give" shall mean the placement of a gratuity by a patron on any portion of an entertainer’s person or clothing.

(7) No entertainer shall solicit any gratuity from a patron.

No permittee, owner, operator or other person in charge of an adult entertainment business shall allow any person to perform at the business unless such person is in possession of a valid adult entertainer permit as required by Article III of this chapter.

(a) Every owner of an adult cabaret and every owner of an adult theater shall maintain on the premises of such business a register of all entertainers who perform at the business. Such register shall list each entertainer’s legal name, stage name(s), and adult entertainer permit number.

(b) Upon commencement of the business, and on an annual basis thereafter, every owner of an adult cabaret and every owner of an adult theater shall file with the director a copy of the register of entertainers who perform at the business. Such filing shall be accompanied by a statement, signed by the owner, that all of the information in the register is true and correct.

Every adult entertainment business shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such business. The permit shall be displayed in a conspicuous place so that it may be readily seen by all persons entering the adult entertainment business.

The owner, operator, or other person in charge of an adult entertainment business shall allow city officers and their authorized representatives to conduct unscheduled inspections of the premises of the adult entertainment business for the purpose of ensuring compliance with the law at any time the adult entertainment business is open for business or is occupied.

An adult entertainment regulatory permit issued under this chapter shall be valid for twenty-four (24) months from the date of issuance unless suspended or revoked.

A holder of an adult entertainment regulatory permit issued under this chapter shall submit an application for renewal no later than thirty (30) calendar days prior to the expiration of the permit issued for such establishment. The renewal application shall be submitted together with a nonrefundable renewal fee in an amount established by resolution of the city council. Applications for renewal of an adult entertainment regulatory permit shall be processed in accordance with the procedures governing initial applications.

The requirements of this article shall be deemed conditions of adult entertainment regulatory permit approvals. Failure to comply with every such requirement shall be grounds for suspension or revocation of an adult entertainment regulatory permit.