Fontana Municipal Code Art. XVIII Adult Oriented Business Regulations

The regulations set forth in this article shall apply specifically to adult oriented businesses. It is the intent of this article to regulate adult oriented businesses in order to promote the health, safety, and general welfare of the citizens of the city. Studies from other communities show that adult oriented businesses, unless closely regulated, tend to have serious negative secondary effects on the community, including but not limited to the following: depreciation of property values; increases in vacancies in residential and commercial areas in the vicinity of adult oriented businesses; interference with residential property owners' enjoyment of their property; crime, litter, noise and vandalism and blighting conditions such as low-level maintenance of commercial premises and parking lots. As a result, special regulations are necessary to prevent these adverse effects and the blighting or degradation of neighborhoods in the vicinity of adult oriented businesses.

The regulations contained in this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult oriented materials. Similarly, it is neither the intent nor effect of this article to restrict or deny access by adults to adult oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult oriented businesses and adult oriented entertainment to their intended market.

Finally, nothing in this article 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. 1419, § 5, 6-17-03)

For purpose of this article, the words and phrases shall have the same meanings respectively ascribed to them by this section:

Accessory use means a use of land or of a building or portion thereof which is incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.

Adult arcade means a business establishment to which the public is permitted or invited, and image-producing devices, such as still or motion picture machines, projectors, videos, holograms, virtual reality devices, whether operated by mechanical, electronic or electrical means, are maintained to display images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.

Adult bookstore/adult video store/adult novelty store means any establishment which on a regular and substantial basis, sells or rents, offers for sale or rental, for any form of consideration, any one or more of the following:

(1) Books, magazines, periodicals or other printed matter, or photographs, films, sculptures, motion pictures, videocassettes, slides or other visual representations, which are characterized by an emphasis on material depicting, describing or relating to specified sexual activities and/or specified anatomical areas.

(2) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities, including goods which are replicas of, or which simulate specified anatomical areas or specified sexual activities, and goods which are designed to be placed on or in specified anatomical areas.

Adult oriented businesses means a business which is conducted for the patronage of adults and as to which minors are specifically excluded from patronage, either by law and/or by the operators of such business, and which is characterized by an emphasis on specified sexual activities and/or specified anatomical areas. "Adult oriented business" also means and includes any adult arcade, adult bookstore/adult video store/adult novelty store, adult cabaret, adult dance studio, adult hotel/motel, adult motion picture theatre, adult theater, nude modeling studio, adult tanning salon, sex supermarket, sex mini-mall, and any other business or establishment that on a regular and substantial basis, offers its patrons entertainment or services which involve depict, describe or relate to specified sexual activities and/or specified anatomical areas.

Adult oriented business operator (hereinafter "operator") means a person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult oriented business or the conduct or activities occurring on the premises thereof.

Adult cabaret means a nightclub, restaurant, or similar business establishment which on a regular and substantial basis:

(1) Features live performances which are distinguished or characterized by an emphasis upon the display or description of specified anatomical areas or specified sexual activities; and/or

(2) Features persons who appear semi-nude; and/or

(3) Shows films, computer generated images, 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.

Adult dance studio means any business or commercial establishment that provides for members of the public a partner for dance where the partner, or the dance, is distinguished or characterized by an emphasis on matter involving, depicting, describing or relating to specified sexual activities and/or specified anatomical areas.

Adult entertainer means any person who, with or without any compensation or other form of consideration, provides performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities and/or who appear semi-nude.

Adult hotel/motel means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which on a regular and substantial basis that

(1) Provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction, description, or relating to specified sexual activities or specified anatomical areas; and/or

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

Adult motion picture theater means a business establishment where, for any form of consideration, and on a regular and substantial basis shows films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult nude modeling studio means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Adult nude modeling studio" does not include schools maintained pursuant to standards set by the state board of education, or any classroom of any school licensed under state law to provide art education while such classroom is being used in a manner consistent with such state license. "Adult nude modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available specified sexual activities.

Adult or adult-oriented material means the same as sexual or sexual-oriented material or material depicting, describing or relating to specified anatomical areas and/or specified sexual activities.

Adult tanning salon means a business where patrons receive tanning services in groups of two or more and where patrons or employees of the establishment where a patron and an employee of the establishment are nude or expose specified anatomical areas. An adult tanning salon shall also include a business establishment where the employees thereof are nude or expose specified anatomical areas for any form of consideration.

Adult theater means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

Advertise means public notice or announcement of items or services through the use of newspaper, handbills, radio, television, or other means of public communication.

Ancillary use. See Accessory use.

Applicant means a person who is required to file an application for a permit under this article, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an adult oriented business, or an adult entertainer.

Child care facility/center means a facility, center or home requiring a license that is issued by the State of California which provides for the care, health, safety, supervision, or guidance of a child's social, emotional, and educational growth on a regular basis, in a place other than the child's own home.

Day care facility/center. See Child care facility/center.

Distinguished or characterized by an emphasis upon means and refers to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to performances "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the performances so described are those whose dominant or predominant character and theme are the depiction of the specified sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal.App.3 151 (1981).

Employee of an adult oriented business means a person who works or performs, as an employee or as an independent contractor, in and/or for an adult oriented business, regardless of whether said person is paid a salary, wage, or other compensation by the business. Employee does not include a person exclusively on the premises undertaking repair or maintenance of the premises or equipment including the delivery of goods to the premises.

Escort means any person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. "Escort" shall not include any person hired by a state licensed school for purposes of modeling in any art education class while such a person acts in that capacity or any federal, state and/or city licensed limousine or taxi service.

Escort agency means a person or business entity, which furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for any form of consideration.

Establishment of an adult oriented business shall mean and include any of the following:

(1) The opening or commencement of any adult oriented business as a new business;

(2) The conversion of an existing business, whether or not an adult oriented business, to any adult oriented business;

(3) The addition of any of the adult oriented business to any other existing adult oriented business, or to another existing non-adult oriented business, with or without expansion of the floor area;

(4) The relocation of any adult oriented business; and/ or

(5) The substantial enlargement of an existing adult oriented business. For purposes of this subsection, "substantial enlargement" means an increase or expansion, over the lifetime of an adult oriented business, of more than ten percent or 100 square feet, whichever is less, in the portion of the floor area of the business which is devoted to products, services or entertainment with an emphasis on material depicting, describing or relating to specified anatomical areas and/or specified sexual activities.

Figure model means any person who, for pecuniary compensation, consideration, hire or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed or otherwise depicted.

Live entertainment means the performance, enactment, or execution of an action participated in by one or more persons, including, but not limited to a play, dramatization, pantomime, revue, modeling, burlesque, dance, recital, concert, vocal production, show, or disrobing, with or without music, band, or orchestra accompany.

Notice means written notice given by personal service upon the addressee, or given by the United States mail, postage paid, addressed to the person to be notified at his or her last known address. Service of such notice shall be effective upon the completion of personal service, upon placing the same in the custody of the United States Postal Service.

Nudity or a state of nudity means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the areola, or the showing of the covered genitals in a discernable turgid state.

Off-premises means any business where the primary services or entertainment are provided at a location or locations other than the premises of the subject business.

Operate an adult oriented business means the supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of an adult oriented business or activities within an adult oriented business.

Operator of an adult oriented business means the owner, permittee, custodian, manager, operator, or person in charge of any adult oriented business.

Park means a playground, swimming pool, athletic field, picnic area, or other open space area designated and/or designed for active and/or passive recreational use which is under the control, operation or management of the city or other public or non-profit agency/entity.

Permittee means the person to whom a permit is issued pursuant to this article.

Person means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.

Police chief means the chief of police services of the city or the authorized representatives thereof.

Private viewing area means an area or areas in an adult oriented business of less than 150 square feet that is designed or used for purposes of viewing or watching a performance, picture, show, film, videotape, slide, movie, or other presentation.

Public nudity means nudity that occurs in a business open to the public, whether or not a fee is charged for admission to such business.

Religious institution means a structure that is used primarily for religious worship and related religious activities, including, but not limited to a church, chapel or similar place of worship.

Residential use or zoning district means single-family dwelling, duplex, townhouse, multiple-family dwelling, or mixed residential/commercial development, and/or property which are zoned primarily for residential use.

School means any child or day care facility, or any 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, or any undergraduate or junior level college. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, undergraduate or junior college, or any special institution of education, including a probation resource center for minors, but it does not include a commercial, vocational or trade institution of higher education, or any graduate level university, or non-profit research institution.

Semi-nude means the showing of the male or female genitals or pubic region or the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.

Sex supermarket/sex mini-mall means the establishment of more than one-type of adult oriented business or use, as defined in this article, within the same single building, or within the same commercial complex or center where each adult oriented business is not located more than 150 feet from another adult oriented business.

Sexual encounter establishment means any establishment, including, but not limited to, private or commercial businesses, clubs or organizations that provide, in return for any form of consideration, membership fees, or gratuity, a place where two or more persons may congregate, assemble, associate or consort for the purpose of engaging in specified sexual activities. This definition does not include a hotel, motel or similar establishment offering public accommodations or any other Adult oriented business as that term is defined in this section. This definition does not involve an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State of California engages in sexual therapy as part of his or her licensed practice.

Sexual material means material depicting, describing or relating to specified anatomical areas and/or specified sexual activities.

Specified anatomical areas shall mean less than completely and opaquely covered human genitals, pubic region, buttocks, anus, and female breast below a point immediately above the top of the areola, and/or human male genitals in a discernible turgid state even if completely and opaquely covered.

Specified sexual activities means and includes any of the following, whether performed directly or indirectly through clothing or other covering:

(1) The fondling or other intentional or erotic touching of specified anatomical areas;

(2) Sex acts, actual or simulated, including coitus, masturbation, oral/anal copulation, bestiality, flagellation or torture in the context of a sexual relationship;

(3) Sexual stimulation, arousal or tumescence of human genitals;

(4) Ejaculation of human or animal semen, actual or simulated; or

(5) Excretory functions, urination, vaginal or anal irrigation as part of or in connection with any of the other activities described in subdivision 1 through 4 of this subsection.

Transfer of ownership or control of an adult oriented business means the sale, lease, or sublease of an adult oriented business; the transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; and/or the establishment of a trust, gift, or other similar legal devise which transfers ownership or control of the business, except for transfer or other operation of law upon the death of a person possessing the ownership of control.

(Ord. No. 1419, § 5, 6-17-03; Ord. No. 1650, § 2, 1-10-12)

No adult oriented business shall be established or located in any zoning district or planning area in the city other than those zone districts and planning areas specifically listing adult uses as permitted uses. Adult oriented businesses shall also comply with the distance and other criteria set forth below:

(1) No adult oriented business shall be established or located within 1,000 feet from any existing residential district, park, religious institution, child care facility, or school, as defined in section 15-901. The distance requirements shall exclude child care facilities that operate as an accessory/ancillary use to a principal commercial or industrial use on the same site or within the same building.

(2) No adult oriented business shall be established or located within 600 feet from any existing adult oriented business, whether in the city, in an adjoining city or within an unincorporated area. Where two or more adult oriented business applications are submitted for businesses which could be located in closer proximity to each other, the applications which was accepted first in time shall be processed by the city, with any later submitted applications deemed nonconforming until such time as a determination is made by the city on the initial application.

(3) The distances set forth above shall be measured as follows:

a. The distance between any adult oriented business and any residential use, park, religious institution, or school shall be measured in a straight line, without regard to the boundaries of the city and intervening structures, from the primary entrance of the adult oriented business to the nearest property line of such residential use, park, religious institution, or school.

b. The distance between any two adult oriented businesses shall be measured in a straight line, without regard to the boundaries of the city and intervening structures, from the closest point of each business.

(4) No more than one adult oriented business is allowed within the same building, or portion thereof, or within the same commercial/industrial center or complex unless each business is separated from another adult oriented business by more than 600 feet pursuant to subsection (2) above. No sex supermarket or sex mini-mall, as defined in section 15-901, is permitted in the city.

Notwithstanding the provisions in this section, no sexual encounter establishment, as defined in section 15-901, shall be established or located in any zoning district or planning area within the City of Fontana.

(Ord. No. 1419, § 5, 6-17-03; Ord. No. 1650, § 3, 1-10-12)

No adult oriented business shall be established or continued, no substantial enlargement of an adult oriented business shall be undertaken, and no adult entertainers shall perform upon the premises of an adult oriented business, without first complying with all requirements of this article.

(Ord. No. 1419, § 5, 6-17-03)

Adult oriented businesses locating in new buildings shall comply with all applicable standards and regulations of this article, as well as all standards and regulations pertaining to building location, height and size, architectural review, parking, landscaping, and signs.

(Ord. No. 1419, § 5, 6-17-03)

Any use of real property existing on the effective date of this article, which does not conform to the provisions of this article, but which was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued for one year after the effective date of this article. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved in accordance with the provisions of this article.

A. Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult oriented business shall result in a loss of legal nonconforming status of such use.

B. Amortization of annexed property. Any adult oriented business which operated with a legal use at the time of annexation of the property and which is located in the city, but which does not conform to the provisions of this article shall be terminated within one year of the date of annexation unless an extension of time has been approved in accordance with the provisions of this article.

(Ord. No. 1419, § 5, 6-17-03)

The owner or operator of a nonconforming use as described in section 15-905 may apply under the provisions of this section to the community development director for an extension of time within which to terminate the nonconforming use.

A. Time and manner of application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of this article may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the community development director or his/her designee, at least 90 days but no more than 180 days prior to the time established in section 15-905 for termination of such use.

B. Content of application; fees. The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for an appeal of an adult oriented business permit as is set forth in the schedule of fees established by resolution of the city council. An application which fails to state a basis upon which an extension may be granted, as required herein, shall be returned to the applicant as non-responsive, together with the application fee less any reasonable administrative costs of processing the application.

C. Hearing procedure. The community development director shall appoint a hearing officer to hear the application. The hearing officer shall set the matter for hearing within 45 days of receipt of the application. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; and may be represented by counsel. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the hearing officer shall be final and subject to judicial review pursuant to Code of Civil Procedure Section 1094.8.

D. Approval of extension; findings. An extension under the provisions of this section shall be for a reasonable period of time, commensurate with the investment involved, and shall be approved only if the hearing officer makes all of the following findings, or such other findings as are required by law:

1. The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to the effective date of this article, or prior to the date of annexation; and

2. The applicant will be unable to recoup said investment as of the date established for termination of the use; and

3. The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with this article.

(Ord. No. 1419, § 5, 6-17-03)

It shall be unlawful for any person to engage in, conduct or carry on, or to 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 an adult oriented business permit from the city as required by this article. A separate adult oriented business permit is required for each location in the city at which an adult oriented business is to be established. The requirements of this article for an adult oriented business permit are separate and in addition to a business license that may be required under the city's municipal code.

It shall be unlawful for a person to perform as an adult entertainer at an adult oriented business in the city unless the person first obtains and continues to maintain in full force and effect an adult entertainer permit from the city. The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining an adult oriented business permit.

(Ord. No. 1419, § 5, 6-17-03)

A. Every person who proposes to establish, maintain, operate or conduct an adult oriented business in the city shall file an application with the community development director upon a form provided by the city. The applicant shall attach a copy of the receipt indicating that the requisite fees were paid to the management services department of the city. The fees paid shall not be refunded if substantial processing of the application has occurred.

B. Adult oriented business permits are nontransferable, except as provided in section 15-914.

C. All applications shall include the following information:

1. A detailed description of the type of adult oriented business for which the permit is requested, including reference to definitions in this article, and the proposed address where the adult oriented business will operate, plus the names and addresses of the owners and lessors of the adult oriented business site. In the event the applicant is not the legal owner of the property, the application must be accompanied by a notarized acknowledgement from the owner of the property that an adult oriented business will be operated on his/her property and that the property owner has a "rental" business license.

2. If the applicant is an individual, the individual shall state his or her legal name, including any aliases, address, and submit satisfactory written proof that he or she is at least 18 years of age.

3. If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.

4. If the applicant is a corporation, the corporation shall provide its complete corporate name, the date and state of its incorporation, evidence that the corporation is in good standing under the laws of the state, the names and capacity of all officers and directors, and principal stockholders (with ten percent or more of all outstanding shares of stock), the name of the registered corporate agent and the address of the registered office for service of process.

5. Provision of the above materials shall not preclude the need of the applicant to obtain other standard approvals from the city pursuant to the standards of the zoning and development code. Appropriate land use entitlements include, but are not limited to, administrative site plans and design review entitlements, and building and other permits as required. The provision of the 20 business day application process shall not apply to any other required application process. Time limitations as described in section 30-102 of the zoning and development code as applicable.

D. If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a ten percent or greater interest in the business entity shall sign the application.

E. If the applicant intends to operate the adult oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult oriented business and show proof of registration of the fictitious name.

F. The application shall include the following information about each and every officer, director, partner, employee of the adult oriented business, any independent contractor and any other person who will work at the adult oriented business:

1. Name, current residential address, telephone number.

2. Date of birth.

3. Social security number and any state or federally issued tax identification number.

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

5. Driver's license number.

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

7. Two recent photographs, passport-quality.

8. Fingerprints for purposes of identification at the discretion of the police chief.

9. Complete employment history for the past ten years.

10. Disclosure of whether, within three years immediately preceding the date of the filing of the application for permit, such person has been convicted, pleaded guilty or pleaded nolo contendere of a misdemeanor or felony which is classified by the state as an offense involving sexual crimes against children, sexual abuse, rape, kidnapping, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to, the violation of any crime requiring the registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4,261,261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 3111.10, inclusive, 314, 316, or 647, or the equivalent of the aforesaid offenses outside the state, and the date and places of such convictions.

G. The application must also list whether, preceding the date of application, the applicant or any officer, director, partner, employee, independent contractor, and other persons who will work at the adult oriented business has:

1. Had a previous permit under this article denied, revoked, or suspended, and the date of such denial, revocation, or suspension;

2. Been a partner in partnership or an officer, director or principal stockholder of a corporation whose permit under this article has been denied, revoked, or suspended as and the date of such denial, revocation, or suspension;

3. Had an adult oriented business permit, pursuant to the regulations of another city or county which was denied, suspended, or revoked, and if so, the name and location of such adult oriented business and the date of such denial, suspension or revocation; or

4. Currently holds, or is a partner in a partnership or an officer, director or principal stockholder of a corporation that currently holds, other permits issued pursuant to this article, or other adult oriented business permits/licenses issued from another city or county, and if so, the names and addresses of such adult oriented businesses, and the permitting jurisdiction.

H. The application shall also include the following:

1. A current certificate and straight-line drawing prepared within 30 days prior to application depicting the building and the portion thereof to be occupied by the adult oriented business, and the surrounding area within a 500 foot radius of such building in a manner that clearly establishes compliance with the minimum proximity standards for adult oriented businesses set forth in this article.

2. A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult oriented 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 to an accuracy of plus or minus six inches.

3. A blueline print showing all four elevations of any proposed structures and signing, and listing proposed exterior building materials. Elevations shall be colored or a materials board shall be submitted. In the case of existing buildings where a change of use is proposed and no structural changes or exterior modification are proposed, photographs may be accepted in lieu of elevation drawings if they show a front and rear elevation of the structure.

4. A diagram of the off-street parking areas and premises entries of the adult oriented business showing the location of the lighting system required by this article.

(Ord. No. 1419, § 5, 6-17-03)

A. Every person who intends to perform as an adult entertainer shall file an application with the police chief upon a form provided by the city. The applicant shall attach a copy of the receipt indicating the requisite fees were paid to the management services department. The fees shall not be refunded.

B. The applicant shall provide the following information with the application:

1. Name, current resident address, telephone number.

2. Date of birth.

3. Social security number.

4

Height, weight, color of hair and eyes.

5. Driver's license number.

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

7. Two recent photographs, passport-quality.

8. Fingerprints for purposes of identification at the discretion of the police chief.

9. Complete employment history for the past ten years.

10. Disclosure of whether, within three years immediately preceding the date of the filing of the application, the applicant has been convicted, pleaded guilty or pleaded nolo contendere of a misdemeanor or felony which is classified by the state as an offense involving sexual crimes against children, sexual abuse, rape, kidnapping, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to, the violation of any crime requiring the registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4,261,261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 3111.10, inclusive, 314, 316, or 647, or the equivalent of the aforesaid offenses outside the state, and the date and places of such convictions.

11. Name and location of business at which the applicant will perform or appear.

(Ord. No. 1419, § 5, 6-17-03)

A. The community development director shall be responsible for the granting, denying, revoking, renewing, suspending, and canceling adult oriented business permits for proposed or existing businesses. The community development director shall also be responsible for ascertaining whether a proposed adult oriented business for which a permit is being considered complies with all applicable zoning laws and/or regulations. The police chief shall be responsible for the granting, denying, revoking, renewing, suspending, and canceling adult entertainer permits. In connection with these reviews, if the community development director or police chief determine that the applicant has completed the application improperly, or otherwise deems the application to be incomplete, the community development director/police chief shall, within ten business days of receipt of the original application, notify the applicant of such fact and on the request of the applicant, grant the applicant an extension of time of ten business days or less to complete the application properly. The applicant may also request that the application be tolled so the application can be resubmitted at a later date without being denied. The time period for granting or denying a permit shall be stayed during the period in which applicant is granted an extension of time or the application is tolled.

B. By applying for a permit under this article, the applicant shall be deemed to have consented to the provisions of this article, and to the exercise of their authority by the community development director, police chief and all other city employees and agencies charged with enforcing the laws, ordinances, and codes applicable in the city of their respective responsibilities.

C. The applicant shall provide a notice address, which shall be the address to which notice of action on the application is to be mailed. The applicant shall also provide the name, address and phone number of the person who is responsible for providing access to the proposed site for inspection purposes.

D. The applicant for a permit under this article or a permittee shall have a continuing duty to promptly supplement any information required by this article in the event said information changes in any way from what was stated in previous submittals. The failure to comply within 20 business days from the date of such changes, by supplementing the application on file with the community development director and/or police chief shall be grounds for suspension of a permit.

E. The city deems confidential all information about employees of adult oriented businesses, adult entertainers, and independent contractors required by this article and submitted to the city in conjunction with an application or permit. Absent an order from a court of competent jurisdiction, the city shall not disclose for public review this information, except as required by the California Public Records Act.

(Ord. No. 1419, § 5, 6-17-03)

A. Upon receipt of a completed application required by this article and payment of the requisite application and permit fees, the community development director, or police chief in the case of adult entertainer permit applications, shall immediately stamp the date on which the application was received and promptly investigate the information contained in the application to determine whether the applicant shall be issued a permit.

B. Upon receipt of an application, the community development director shall immediately send photocopies of the application to the police chief, fire department, and any other city or county agencies responsible for enforcement of health, fire and building codes and laws. Each such department or agency shall promptly conduct an investigation of the application and proposed adult oriented business in accordance with its responsibilities under law and as set forth in this article. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application whether the adult oriented business will be in violation of any provision of any statue, code, ordinance, regulation or other law in effect in the city, state reasons for approval or denial of the permit as appropriate, sign it, and immediately return the photocopy to the community development director.

C. Within 20 business days of receipt of the completed application, the community development director, or police chief in the case of adult entertainer permit applications, shall complete the investigation, grant or deny the application in accordance with the provisions of this section, and so notify the applicant as follows:

1. The community development director, or police chief in the case of adult entertainer permit applications, shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

2. The community development director, or police chief in the case of adult entertainer permit applications, shall grant the application and issue the permit, unless the application is denied for one or more of the reasons set forth below in section 15-912.

3. If the application is granted, the community development director, or police chief in the case of adult entertainer permit applications, shall attach the requested permit to the application.

4. If the application is denied, the community development director, or police chief in the case of adult entertainer permit applications, shall attach to the application a statement of the reasons for denial.

5. A copy of the application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the notice address that was stated in the application.

6. The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, and the expiration date. The permits shall also indicate that the permit is subject to prohibitions against public nudity and indecency pursuant to the United States Supreme Court decision in Barnes v. Glen Theater, Inc. (1991) 501 U.S. 560 and any applicable local, state or federal law.

7. Upon written request of the applicant, an extension of time of no more than 20 business days maybe added to the above time period for the community development director, or police chief in the case of adult entertainer permit applications, to act on an application.

E. The police chief shall provide each adult entertainer that is issued a permit pursuant to this article, an identification card containing the name, address, photograph and permit number of such entertainer. An adult entertainer shall have such card available for inspection at all times during which such person is on the premises of the adult oriented business.

F. If the community development director, or police chief in the case of adult entertainer permit applications, neither grants nor denies the completed application within 20 business days after it is stamped as received, the applicant may begin operating the adult oriented business or perform as an adult entertainer for which the permit was sought, subject to strict compliance with the requirements of this article and any applicable requirements as outlined in the zoning and development code.

G. Any decision by the community development director and/or police chief to issue or deny an application under this article may be appealed in accordance with section 15-917.

(Ord. No. 1419, § 5, 6-17-03)

A. The community development director, or police chief in the case of adult entertainer permit applications, shall deny an application for any of the following applicable reasons:

1. The building, structure, equipment and/or location to be used by the business for which the permit is required, does not, or can not, be corrected to comply with the applicable zoning, land use, development, health, fire, and safety laws of the city and state.

2. The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit required by this article or in any report or record required to be filed in connection with the application.

3. The applicant is under 18 years of age.

4. The required permit application fee and business license fee and tax fee have not been paid.

5. The applicant failed to submit a complete application after being notified by the community development director, or police chief in the case of adult entertainer permit applications, that the application was incomplete.

6. The applicant or the applicant's adult oriented business is in violation of, or is not in compliance with, provisions of this article related to establishment and maintenance of an adult oriented business.

7. Within three years immediately preceding the date of the filing of the application for permit under this article, the applicant, manager, partner, agent, director, officer, stockholder, or employee has been convicted of a misdemeanor or felony which is classified by the state as an offense involving sexual crimes against children, sexual abuse, rape, kidnapping, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to, the violation of any crime requiring the registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4,261,261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 3111.10, inclusive, 314, 316, or 647, or the equivalent of the aforesaid offenses outside the state. The fact that a conviction is being appealed will have no effect on disqualification of the applicant.

8. The applicant, manager, partner, agent, director, officer, stockholder, or employee has been convicted in a court of competent jurisdiction of any crime in conjunction with or as a result of the operation of an adult oriented business prior to the filing of the application. The fact that a conviction is being appealed will have no effect on disqualification of application.

9. The applicant, manager, partner, agent, director, officer, or stockholder has had any type of adult oriented business permit suspended or revoked by any city, county or state within two years immediately preceding the date of application, because of failure to comply with regulations, standards or conditions of the regulatory agency.

10. The granting of the permit would violate a statute, ordinance, or court order.

B. If the application is denied and all appeal rights have been exhausted, the applicant shall be ineligible to apply for any adult oriented business permit in the city for a minimum of two years from the date the application was denied. If, subsequent to denial, the community development director, or police chief in the case of adult entertainer permit applications, finds the basis for denial of the permit has been corrected, the applicant shall be granted a permit if at least ninety days have elapsed since the date the denial became final.

C. After any final denial of a permit under this Article, the applicant may seek prompt judicial review of such decision in a court of competent jurisdiction as provided by law, pursuant to California Code of Civil Procedure Section 1094.5 et seq., and pursuant to the expedited judicial review set forth in California Code of Civil Procedure Section 1094.8.

(Ord. No. 1419, § 5, 6-17-03)

Adult oriented business and adult entertainer permits issued pursuant to this article shall be valid for 12 months from the date of issuance, unless earlier revoked or suspended. Such permits must be renewed on an annual basis by submitting an application for renewal of permit together with the requisite fee established by resolution of the city council at least 20 business days prior to the expiration of the existing permit. The renewal application shall include all the same information as would be required for a new application by this article. Such renewals shall be acted on as provided for new applications and shall be contingent upon satisfactory compliance with all the provisions of this article, including maintenance of their business license permit. When a renewal application is made less than 20 business days before the expiration date of a permit, the expiration of the permit shall not be stayed.

(Ord. No. 1419, § 5, 6-17-03)

A. A permittee shall not operate an adult oriented business under the authority of an adult oriented business permit at any place other than the address of the adult oriented business stated in the application for which the permit was granted.

B. A permittee shall not transfer ownership or control of an adult oriented business or transfer an adult oriented business permit to another person unless and until the transferee obtains an amendment to the permit from the community development director stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the community development director in accordance with sections 15-908 and 15-910, accompanies the application with a copy of a receipt indicating the requisite fees were paid to the management services department of the city, and the community development director determines, in accordance with sections 15-911 and 15-912 that the transferee would be entitled to the issuance of an original permit.

C. No permit may be transferred when the community development director has notified the permittee that the permit has been or may be suspended or revoked.

D. Adult entertainer permits shall be non-transferable.

E. Any attempt to transfer a permit, either directly or indirectly, would be in violation of this section and would be hereby declared void, and the permit shall be deemed immediately revoked.

(Ord. No. 1419, § 5, 6-17-03)

A. As a further condition of approval of every adult oriented business permit issued pursuant to this article, every owner or operator shall register every new employee, officer, director, partner, independent contractor and any other person who works or will work at the adult oriented business with the police chief within five business days of the commencement of such person's period of employment at the adult oriented business. For each person registered, the permittee shall submit to the police chief a copy of a receipt indicating the requisite fees for the adult business permit were paid to the management services department of the city.

B. As part of the registration process, the following information about each new employee, officer, director, partner, independent contractor and any other person who works or will work at the adult oriented business shall be provided to the police chief on a form provided by the police department:

1. Name, current resident address, telephone number.

2. Date of birth.

3. Social Security number or any state or federally issued tax identification number.

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

5. Driver's license number.

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

7. Two recent photographs, passport-quality.

8. Fingerprints for purposes of identification at the discretion of the police chief.

9. Complete employment history for the past ten years.

10. Disclosure of whether, within three years immediately preceding the date of the filing of the application for permit, such person has been convicted, pleaded guilty or pleaded nolo contendere of a misdemeanor or felony which is classified by the state as an offense involving sexual crimes against children, sexual abuse, rape, kidnapping, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to, the violation of any crime requiring the registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4,261,261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 3111.10, inclusive, 314, 316, or 647, or the equivalent of the aforesaid offenses outside the state, and the date and places of such convictions.

C. Each owner or operator of an adult oriented business shall maintain a current register of the names of all employees currently employed by the adult oriented business, and shall disclose such registration for inspection by any police officer for purposes of determining compliance with the requirements of this section.

D. Failure to register each new employee within five business days of the 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. No. 1419, § 5, 6-17-03)

A. A permittee may be subject to suspension or revocation of his/her/its permit, or be subject to other appropriate remedial action, including the imposition of additional conditions, for any of the following causes arising from the acts or omissions of the permittee, or an employee, agent, partner, director, stockholder, operator, or manager of an adult oriented business:

1. The permittee, employee, agent, partner, director, stockholder, operator, or manager has knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the city.

2. The permittee, employee, agent, partner, director, stockholder, operator, or manager failed to disclose the conviction of an act for which denial of a permit would have been required pursuant to this article.

3. The permittee, employee, agent, partner, director, stockholder, operator, or manager refused to allow an inspection of the premises of the adult oriented business as authorized by this article.

4. The permittee, employee, agent, partner, director, stockholder, operator, or manager operated the adult oriented business in violation of the hours of operation as set forth in this article.

5. The permittee, employee, agent, partner, director, stockholder, operator, or manager operated the adult oriented business in violation of a federal, state, or local building, fire, health, or zoning statute, code, ordinance or regulation, applicable in the city, based on the investigation by the city or other agency responsible for the enforcement of said rules or laws.

6. The permittee, employee, agent, partner, director, stockholder, operator, or manager of an adult oriented business has knowingly participated, allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult oriented business:

a. Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation.

b. Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur.

c. Any conduct constituting a criminal offense, which requires registration under Section 290 of the California Penal Code.

d. The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, or 318 or Subdivision b of Section 647 of the California Penal Code.

e. Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 through 313.4.

f. Any other conduct prohibited by this article, or any code or law effective in the city.

g. Gambling by any persons on the premises.

h. The possession, use or sale of controlled substances on the premises.

7. The permittee, employee, agent, partner, director, stockholder, operator, or manager failed to abide by any action previously imposed by an appropriate officer of the city or other agency responsible for the enforcement of this article and other county and state codes and laws.

B. On determining that grounds for permit revocation exist, the community development director, or police chief in the case of adult entertainer permits, shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing by the community development director, or police chief in the case of adult entertainer permits, and the ground or grounds upon which the hearing is based, the pertinent code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally, at least ten business days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the city, but at a minimum shall include the following:

1. All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; and may be represented by counsel.

2. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.

3. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness.

C. After holding the hearing in accordance with the provisions of this section, if the community development director, or police chief in the case of adult entertainer permits, finds and determines that there are grounds for action, the community development director or police chief shall impose one of the following:

1. A warning.

2. Suspension of the permit for a specified period not to exceed six months.

3. Revocation of the permit.

D. The community development director's or police chief's decision may be appealed in accordance with section 15-917.

E. If any decision of the community development director or police chief to revoke a permit is upheld after the permittee has exhausted his/her appeal rights, the permittee shall cease conducting business in the city. A revoked permit shall not be renewed and no other permit shall be issued to the same permittee or his successors in interest within one year of the date revocation became effective.

(Ord. No. 1419, § 5, 6-17-03)

A. After denial of an application for an adult oriented business permit, or after denial of renewal of a permit, or suspension or revocation of a permit, the applicant or permittee may appeal such administrative action in accordance with the provisions of this section.

B. The appeal of a denial, suspension or revocation shall be submitted to and received by the city clerk within ten days of the date of such action for which the appeal is made. The appeal must be in writing on forms provided by the city together with an appeal fee established by resolution of the city council, which may be amended from time to time. All appeals shall set forth the appellant's reason for asserting the action was in error, or in violation of this code, or other applicable law. Any action appealed shall be suspended until action has been taken on the appeal.

C. When a timely appeal is filed, the community development director shall appoint a hearing officer or body to conduct a hearing on the matter. The hearing officer may be such person or body designated by the community development director to perform all or a portion of his or her duties, or may be another official or body from another city or agency, or other person qualified to conduct a review of the matter. The hearing for an appeal of a denial or denial of a renewal of a permit shall take place within ten business days of the receipt of the appeal; the hearing for an appeal for suspension or revocation of a permit shall take place within 20 business days of the date of the receipt of the appeal. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; and may be represented by counsel. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness.

D. The hearing officer or body from another jurisdiction shall render a written decision on the matter within five business days of the close of the hearing on the appeal.

E. All decisions made by the appointed hearing officer regarding the denial, denial of renewal, suspension or revocation of a permit, shall be final. If the denial, denial of renewal, suspension or revocation of a permit is affirmed on review by the appointed hearing officer, the applicant or permittee may seek prompt judicial review of such administrative action in a court of competent jurisdiction as provided by law, pursuant to California Code of Civil Procedure Section 1094.5 et seq. The city shall make all reasonable efforts to expedite judicial review in accordance with Code of Civil Procedure Section 1094.8. Any action under judicial review shall be suspended pending final administrative determination.

(Ord. No. 1419, § 5, 6-17-03)

All adult oriented businesses shall comply with the following requirements, and the following applicable requirements of this section shall be deemed conditions of all adult oriented business permit approvals. Failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to this article.

A. The establishment of an adult oriented business shall comply with all applicable city zoning site development standards of the district, or area in which the adult oriented business is located, the building and construction codes, maximum occupancy loads, fire codes, and health and safety regulations in effect in the city. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the fire and building regulations and standards adopted by the city.

B. An adult oriented business shall comply with the applicable city permit and inspection procedures.

C. Each adult oriented business shall have a business entrance separate from any other non-adult oriented business located in the same building.

D. No adult oriented business shall be operated in any manner that permits the observation of any material or activities depicting, describing or relating to specified sexual activities or specified anatomical areas or instruments, devices or paraphernalia designed for use in connection with specified sexual activities from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening.

E. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and all building openings, entries, and windows shall be located, covered, or screened to prevent viewing of the interior from any exterior area.

F. All exterior areas of any adult oriented business, including building, landscaping, and parking areas, shall be maintained in a clean and orderly manner free of trash, weeds and debris.

G. All building entrances to an adult oriented business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. Said notice shall consist of letters no less than one inch in height and shall be constructed and posted to the satisfaction of the director of community development. No person under the age of 18 years shall be permitted within the premises at any time. It shall be unlawful for any employee, owner, operator, employee, manager or permittee of an adult oriented business to allow any person below the age of 18 years upon the premises or within the confines of any adult oriented business if no alcoholic beverages are served, or under the age of 21 if alcoholic beverages areas are served.

H. A parking plan providing for adequate contiguous on-site parking for the intended use shall be submitted to the director of community development for review and approval.

I. All off-street parking areas and building entries of the adult oriented business shall be illuminated from dusk to closing hours of operation with a lighting system that provides an average maintained horizontal illumination of not less than one foot candle of light and a minimum horizontal illumination of not less than one foot candle of light on all parking surfaces and walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adult oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. A lighting plan prepared by a licensed lighting engineer shall be submitted to the director of community development for review and approval.

J. The parking areas and entrances/exits for patrons shall be visible from the public right-of-way. This view shall be not be obstructed by landscaping or any fence, wall or other barrier.

K. No exterior sign shall be placed, constructed, erected, altered, repaired, improved, converted or painted, except in compliance with the city's sign ordinance. It shall be the responsibility of the permittee to take down, remove, or alter signs on the premises so as to comply with this section.

L. The premises within which the adult oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premise shall not be audible anywhere on any adjacent property or right-of-way, or within any other building or other separate unit within the same building. No loudspeaker or sound equipment audible to persons in any public exterior area shall be used in connection with an adult oriented business, and the business shall be so conducted that sounds associated with the business are not emitted to any public exterior area.

M. An adult oriented business shall be open or operating for business only between the hours of 10:00 a.m. and 12:00 a.m. on any particular day. It shall be unlawful and a violation of this article to cause an adult oriented business to be operated or to allow such business to remain open for business, or permit any employee and/or independent contractor to engage in a performance, solicit a performance, make a sale or solicit a sale, provide a service, or solicit a service, between the hours of 12:01 a.m. and 10:00 a.m. of any particular day.

N. An adult oriented business shall display at all times during business hours the permit issued pursuant to the provisions of this article for an adult oriented business in a conspicuous place so that the permit may be readily seen by all persons entering the adult oriented business.

O. No employee, contractor, or other person who works at the adult oriented business, shall have physical contact with any patron and no patron shall have physical contact with any employee, contractor, or person who works at the adult oriented business. This subsection shall only apply to physical contact on the premises of the adult oriented business.

P. No owner or other person with managerial control over an adult oriented business shall permit any employee, independent contractor, or any other person on the premises of the adult oriented business to engage in the exposure of the human male or female genitals, pubic area or buttocks with less than a fully opaque coverage, the female breast with less than a fully opaque coverage over any part of the nipple or areola, and/or the covering of male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering, simulating the appearance of the specified anatomical part required to be covered.

Q. No adult oriented business may conduct any massage, acupuncture, body wrapping, tattooing, acupressure or escort services on the premises.

R. Every adult oriented business shall have a manager on duty on the premises during all times the business is open to the public. At least one manager's station shall be provided within the adult oriented business for the purpose of monitoring and supervising activities within the business. All indoor areas of the adult oriented business within which patrons are permitted, or within which viewing is permitted by patrons or the public, except restrooms, shall be open to view by the manager at all times. The view area shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. No patron shall be permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted. If the premises have two or more manager's stations designated, then the interior of the premises shall be configured in such manner that there is unobstructed view of each area of the premises from at least one of the manager's stations.

S. A diagram of the premises shall be provided to the community development director specifying the location of one or more manager stations and designating portion of the premises in which patrons will not be permitted. No alteration in the configuration or locating of a manager's stations shall be made without the prior written approval of the community development director.

T. The adult oriented business shall provide and maintain separate rest room facilities for male patrons and male employees, female patrons and female employees. Male patrons and employees shall be prohibited from using the rest room(s) for females, and female patrons and employees shall be prohibited from using the rest room(s) for males, except to carry out duties of repair, maintenance and cleaning of the rest room facilities. Patrons shall be prohibited from using rest rooms designated for employees. The rest rooms shall be free of any adult material. Rest rooms 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 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 rest room facilities to its patrons or the general public.

U. An on-site security program shall be prepared, implemented and maintained including the following items:

1. An interior lighting plan to provide illumination of all areas of the adult oriented business as provided below. The lighting shall be designed and operated to provide the minimum maintained foot-candle levels listed below for specific uses/areas, evenly distributed at ground level:

2. A video camera surveillance system shall be installed, utilized and maintained in good working order in the adult oriented business to record both the interior building and parking lot area. Such system shall provide continuous video coverage and recordation during all business hours. The police chief shall approve the location of the surveillance camera. Restrooms may not contain video reproduction equipment.

3. Security guards shall be employed to maintain the public peace and safety, based upon the following standards:

(a) Adult oriented businesses such as adult motion picture theatres, adult video stores, nude modeling studios, adult theaters and adult cabarets, or any adult oriented business which features entertainment (live or motion picture viewed from booths) whose dominant or predominant character and theme is the depiction of specified sexual activities or specified anatomical areas for observation by patrons, shall provide at least one guard for every 50 occupants permitted by the city's building code, at all times while the business is open, and in no case shall there be less than two guards. One guard shall be stationed outside during all business hours. For businesses where the maximum building fire capacity is 50 or less, video monitoring of the parking lot may be approved by the police chief, subject to the submission and approval of a video security monitoring plan.

(b) Security guards for other adult oriented businesses may be required if the police chief determines that their presence is necessary in order to prevent any of the conduct listed in section 15-916(A)(6).

(c) Security guards shall be charged with preventing violations of laws 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 by the state as security guards. No security guard required pursuant to this subsection 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.

4. An annual review for adequacy of security will be conducted by the police chief to ascertain if there has been an increase in calls for emergency services.

V. No owner of other person with managerial control over an adult oriented business shall permit any employee, independent contractor, or any other person on the premises of the adult 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.

W. In addition to the above development and performance standards, the following development and performance standards shall apply to any adult oriented business, (other than adult motel or hotel), with a private viewing area and/or room or booth of less than 150 square feet of floor area, which exhibits on the premises or features for observation by patrons, motion pictures, film, video, slides or other visual reproduction that depicts specified sexual activities or specified anatomical areas. This subsection does not apply to an auditorium or seating area of an adult theater.

1. No private viewing area, room or booth may be occupied by more than one person at any one time.

2. All viewing areas, rooms and booths shall remain unobstructed by any doors, walls, furniture or fixtures, merchandise, display racks, or other material at all times.

3. 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.

4. Customers, patrons or visitors shall not be allowed to stand 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.

5. The floors, seats, walls and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booths shall be evidence of improper maintenance and inadequate sanitary controls, and repeated instances of such conditions may justify suspension or revocation of the owner and operator's permit to conduct the adult oriented business.

X. If an adult oriented business contains an auditorium or theater hall, the auditorium or hall shall comply with each of the following additional provisions:

1. The auditorium or hall shall have individual, separate seats (not couches, benches or the like) to accommodate the maximum number of persons who are permitted to occupy (maximum occupancy) the auditorium or hall;

2. The area shall have a continuous main aisle along the seating area(s) in order that each person seated in the auditorium or hall shall be visible from the aisle at all times; and

3. A sign shall be posted in a conspicuous place at or near each entrance to the auditorium or hall area which lists the maximum occupancy of the auditorium or hall, the occupancy of which shall not exceed the number of seats within the auditorium or hall.

Y. Adult oriented businesses providing live entertainment involving, depicting, describing or relating to specified anatomical areas and/or involving specified sexual activities shall also comply with the following additional standards and provisions:

1. No person shall perform live entertainment for patrons of an adult 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 ten feet from the nearest area occupied by patrons and surrounded with a stationary rail, or at least six feet from the nearest area occupied by patrons and surrounded by a solid barrier, which rail or barrier must be at least 30 inches in height, establishing the separations between entertainers and patrons. No patron shall be permitted within the area of the stage established by the barrier (ten feet with a rail or six feet with a solid barrier,) while the stage is occupied by an entertainer.

2. The adult oriented business shall provide separate dressing room facilities for entertainers that are exclusively dedicated to the adult entertainers' use. No patron is permitted access to the dressing room facilities. The dressing room facilities shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment.

3. The adult oriented business shall provide access for adult entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult 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.

4. The adult oriented business shall provide an entrance/exit for adult entertainers, which is separate from the entrance/exit used by patrons.

5. While on the premises, no adult entertainer, either before, during or after performances, 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. Patrons shall not, and shall not be allowed to, directly touch, fondle or caress (as those terms are defined in Kev, Inc. v. Kitsap County (9 th Cir., 1986) 793 F.2d 1053) the entertainers while they are performing. Patrons shall be advised of the separation and no touching requirements by signs placed on the barrier between entertainers and patrons, and if necessary by employees of the establishment. This prohibition does not extend to incidental touching.

6. No patron shall directly pay or give any gratuity to any adult entertainer and no adult entertainer shall solicit or accept any pay or gratuity from any patron. Patrons shall not throw payment or tips to entertainers, hand tips directly to entertainers, or place tips in the entertainers' costumes. If patrons wish to pay or tip entertainers, payment or tips shall be placed in receptacles which shall be located at least ten feet (or six feet, where a solid barrier has been installed) from the stage.

7. No owner or other person with managerial control over an adult oriented business shall permit any person on the premises of the adult oriented business to engage in the exposure 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.

(Ord. No. 1419, § 5, 6-17-03; Ord. No. 1650, § 4, 1-10-12)

Every permittee of an adult oriented business which has adult entertainers or provides live entertainment depicting specified anatomical areas or involving specified sexual activities must maintain a register of all persons so performing on the premises and copies of the adult entertainment permits required by this article. Such register shall be available for inspection during regular business hours by any representative of the police department, community development department or other city department.

(Ord. No. 1419, § 5, 6-17-03)

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

(Ord. No. 1419, § 5, 6-17-03)

A. It shall be unlawful for any permittee, operator, or other person in charge of any adult oriented business to employ, or provide any service for which it requires such permit, to any person who is not at least 18 years of age.

B. It shall be unlawful for any permittee, operator or other person in charge of any adult oriented business to permit to enter, or remain within the adult oriented business, any person who is not at least 18 years of age, or allow the purchase of goods at an adult oriented business by a person who is not at least 18 years of age.

C. Signs shall be conspicuously posted on all entrances restricting entrance of minors.

D. The interior of the premises shall not be visible to a minor.

(Ord. No. 1419, § 5, 6-17-03)

An applicant or permittee shall permit representatives of the city police department, city planning department, the fire agency, or other city departments or county agencies to inspect the premises of an adult oriented business for the purpose of insuring compliance with the law and the development and performance standards applicable to adult oriented businesses, at any time it is occupied or opened for business. A person who operates an adult oriented business or his or her agent or employee is in violation of the provisions of this section if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business. Such inspections shall be conducted in a reasonable manner.

(Ord. No. 1419, § 5, 6-17-03)

The provisions of this article regulating adult oriented businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the city council of the city.

(Ord. No. 1419, § 5, 6-17-03)

The city council shall establish by resolution, and from time to time may amend, the fees for administration of this article. If additional fees are required for further investigation of an applicant, the permit shall not be issued until the additional fees are paid to the management services department. Fees required by this article shall be in addition to any fees required by other city code or ordinance.

(Ord. No. 1419, § 5, 6-17-03)

A. It shall be unlawful for any person to operate an adult oriented business or perform as an adult entertainer at an adult oriented business in the city without a valid permit issued by the police chief and/or community development director pursuant to this article.

B. Violation of any of the provisions of the above subsection (A) shall constitute a misdemeanor. Each person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provisions of this article is committed, continued, or permitted by such person. Notwithstanding the foregoing, the city attorney may elect to prosecute violations of any provision of this article as an infraction.

C. Violation of any requirement of this article applicable to an adult oriented business permit or adult entertainer permit pursuant to this article shall constitute grounds for revocation of such permit. A permittee shall be responsible for the conduct of all employees, independent contractors, or other persons who work at his/her/its adult oriented business, and his/her/its permit may be subject to revocation for any violations of this article arising from the acts or omissions by any such employees, independent contractors, or other persons who work at the adult oriented business.

(Ord. No. 1419, § 5, 6-17-03)