Fullerton Municipal Code Ch. 7.95 Adult Use Development Permits

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADULT ARCADE. Any place to which the public is permitted or invited and where coin- or slug-operated or electronically, electrically or mechanically controlled amusement devices, still or motion picture machines, projectors or other image-producing devices are maintained to show images on a regular or substantial basis, where such images are distinguished or characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas.”

ADULT BOOKSTORE. Any establishment having as a regular and substantial portion of its stock in trade, material which is distinguished or characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas.”

ADULT BUSINESS. Any business that, as a regular and substantial course of conduct, offers its patrons services, entertainment, material or merchandise which is distinguished or characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas.” An ADULT BUSINESS means, but is not limited to, a business that operates as an adult bookstore, adult cabaret, adult theater, topless dancing establishment, escort service, stripper services, adult model studio, adult motel or hotel or sexual encounter center.

ADULT CABARET. A nightclub, bar or other establishment which features live performances by topless, bottomless or totally nude dancers, go-go dancers, exotic dancers, strippers or similar entertainers, and where such performances are distinguished or characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas.”

ADULT DANCE STUDIO. Any establishment or business which provides for members of the public a partner for dance where the partner, or the dance, is distinguished or characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas.”

ADULT HOTEL/MOTEL. A hotel or motel which provides, on a regular and substantial basis, through closed-circuit television or other media, material which is distinguished or characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas,” or which rents, leases or lets any room for less than a six-hour period.

ADULT-ORIENTED MERCHANDISE. Sexually-oriented implements or paraphernalia which are designed or marketed primarily for the stimulation of human genitals or sadomasochistic-masochistic activity, including, but not limited to, dildos, auto sucks, sexually-oriented vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, and simulated and battery-operated vaginas.

ADULT THEATER. A commercial establishment, with or without a stage or proscenium, which presents, on a regular and substantial basis, live entertainment, motion pictures or other visual representations which are distinguished or characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas.”

DAYCARE FACILITY. Any establishment which is licensed to provide care for minor children, including before-school care, after-school care or care for preschool-aged children.

MATERIAL. Books, magazines, photographs, prints, drawings, paintings, motion pictures, pamphlets or any other medium which contains descriptions or depictions.

PERMIT HOLDER or APPLICANT. A sole proprietor of an adult business, all general and limited partners of a partnership that owns or operates an adult business, or any person who holds a 10% or greater interest in a corporation that owns or operates an adult business.

REGULAR AND SUBSTANTIAL BASIS. The fact that a business satisfies one or more of the following conditions:

(1) More than 25% of the total display area of the business is dedicated to the display of adult-oriented merchandise or material which is distinguished or characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas”;

(2) The business provides any type of live entertainment which is distinguished or characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas”;

(3) At least 50% of the gross receipts of the business derive from services, entertainment, material or merchandise which is distinguished or characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas.”

RESIDENTIAL ZONE or AREA ZONED FOR RESIDENTIAL USE. Any property within the city which carries a zoning designation of R-l, PRD, R-2, R-2P, R-G, R-3R, R-3P, R-3, R-4, R-5, R-MH. However, this does not include zones where a residence, church, school, park, playground special needs housing facility, daycare facility or mobile home park is permitted only pursuant to a conditional use permit or other special permit.

SPECIAL NEEDS HOUSING FACILITY. A group home for disabled persons, retirement or convalescent home, foster care or group home for minors or hospice.

SPECIFIED ANATOMICAL AREAS. The following:

(1) Less than completely and opaquely covered human genitals, vaginal area, pubic region, anal region or female breast below the point immediately above the top of the areola; or

(2) Human male genitals in a discernable turgid state, even if such is completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES. The following:

(1) Human genitals in a state of sexual stimulation or arousal;

(2) Acts of human masturbation or sexual stimulation which involve physical touching;

(3) Acts of sodomy, oral copulation or coitus;

(4) Masochism, erotic or sexually-oriented torture or sexually-oriented beating;

(5) The sexually-oriented use of human or animal ejaculation, excretion, urination, menstruation, vaginal or anal irrigation; or

(6) Fondling or other erotic touching of any “specified anatomical area.”

VIEWING AREA. Any area in which a person views performances, pictures, movies, videos or other presentations.

(Ord. passed - -1996)

(A) It is unlawful for any person to open, operate or conduct an adult business within the city unless such person first obtains and retains a valid adult use development permit for an adult business pursuant to this chapter.

(B) Any person desiring to operate an adult business within the city shall file with the Department of Development Services an adult use development permit application on a form supplied by the Department.

(Ord. passed - -1996)

The provisions of this chapter are not intended to provide exclusive regulation of adult businesses. Adult businesses must comply with any and all applicable regulations imposed by other chapters of this code, state and federal law. Specifically, nothing in this chapter relieves any person from the duty of obtaining a business license and paying business license fees or any other fees as required by city ordinance or resolution. The issuance of a business license by the city does not obviate the need for obtaining an adult use development permit.

(Ord. passed - -1996)

(A) The permit applicant, whether an individual or one or more partners or stockholders as defined in this chapter, shall furnish the following information:

(1) The legal form of the applicant; e.g., individual, partnership or corporation;

(2) Full name, date of birth, residential address, business address and residential and business telephone numbers;

(3) If the applicant is a corporation, the applicant shall provide the complete corporate name, the date and status of its incorporation, the state of incorporation, evidence that the corporation is in good standing and the name and address of the registered officer for service of process;

(4) California driver’s license number or identification number and Social Security number;

(5) Whether the applicant currently or previously operated in the city, county or state, under an adult business permit of any sort, and whether the applicant has ever had such permit revoked or suspended, and if so, the date and city in which the permit was revoked or suspended;

(6) Whether the applicant has been found guilty or pleaded nolo contendere within the past four years of a misdemeanor or felony classified by the state as a sex or sex-related offense.

(B) The applicant shall provide the following information regarding the proposed adult business:

(1) Address, telephone number, assessor’s parcel number and a complete legal description of the proposed adult business;

(2) A detailed description of the proposed use;

(3) Name of the owner of the lease, if any, of the site of the proposed adult business;

(4) Name, address and telephone number of the person(s) who will operate or manage the proposed adult business;

(5) Fourteen blueline prints of a plot indicating all existing or proposed structures, including all elevations, parking areas, landscaping, irrigation, walls, driveways and curb-cuts, signs, easements and topographical features;

(6) A traffic report if required by the County Congestion Management Plan Traffic Impact Analysis (CMPTIA) thresholds. The Development Services Department shall notify the applicant within 15 days of submission of the application if a traffic study was not included and is required.

(C) The applicant, and property owner if different than the applicant, shall provide a statement under penalty of perjury that each has personal knowledge of the information contained in the application and that the information is true and correct. The applicant shall authorize the city to investigate the truth of the application information provided and the applicant shall, if requested, provide additional information reasonably necessary to accomplish this end. If the applicant is someone other than the owner of the property on which the use is sought to be established, the notarized signature of the owner indicating his, her or its permission for the use on the property shall be submitted to the Development Services Department with the application.

(D) The applicant shall provide the city necessary information for purposes of complying with the State Environmental Quality Act, Cal. Public Resources Code Division 13 (commencing with § 21000).

(E) The application shall be accompanied by a nonrefundable fee the amount of which shall be established by resolution of the City Council. The fee for an adult use development permit shall be the same as the fee for a major site plan.

(Ord. passed - -1996)

(A) The Director of Development Services (“Director”) or his or her designee shall determine the completeness of an application within 14 days of its submittal to the Department. The Director shall notify the applicant in writing, within 15 days of receipt of the application, whether or not the application is complete, and if the application is not complete, the written notification shall include a list of documents or other items which are required to be submitted by the applicant. The applicant shall have 14 days thereafter to provide any missing documents or items, or the application shall be deemed to be withdrawn.

(B) Upon the filing of a completed adult use development permit application for an adult business, the Director shall cause to be made an investigation which shall include consultation with the Building, Police, Fire and Health Departments, and any other reasonable investigations and inspections as are needed. Such investigations are not grounds for the city to unilaterally delay in reviewing a completed permit application.

(C) If this investigation uncovers mis- representations or false information on the application, the written notification shall inform the applicant that corrected information shall be provided to the Development Services Department within 14 days of written notification. Such corrected information shall include an explanation of any discrepancy or misrepresentations. The Planning Commission shall be advised of any incorrect information and any explanation of the applicant with regard to that information. In the event that the applicant fails to provide corrected information or an explanation of the discrepancy between information on the application and information obtained in the Department’s investigation, the application shall be deemed to be withdrawn.

(Ord. passed - -1996)

The applicant shall establish that the following criteria are met, and if the criteria are met, the permit shall be granted.

(A) No adult use development permit for an adult business shall be granted unless the adult business is located on a legally created lot classified in Zones C-2, C-H, C-M, M-P or M-G.

(B) In those zoned areas where an adult business may locate, such business may not locate within 750 feet of any residential zone or any schools, parks, playgrounds, daycare facilities, special needs housing facilities or mobile home parks located within an area zoned for residential or public land use within the city or within an area zoned for residential uses in adjoining cities (hereinafter “the protected uses”). The distance between a proposed use and any of the protected uses shall be measured between the nearest property line of the proposed use, and the nearest property line included within the residential zone or the nearest property line of any of the protected uses, along a straight line extended between the two points.

(C) The proposed adult business shall be consistent with the General Plan of the city.

(D) The proposed site meets the development and design standards of the underlying zone or land use designation in which it is to be located, as set forth in Title 15 of this code.

(E) The building in which the proposed use is sought to be located complies with all local, state and federal laws, including all Fire and Health Code requirements.

(F) The proposed use and its projected traffic generation is consistent with the established level of service from the city’s circulation element or any applicable adopted traffic/circulation-related plan of the county, the state or the United States government agency.

(G) The applicant has not been convicted within the past four years of a misdemeanor or felony classified by the state as a sex or sex-related offense.

(Ord. passed - -1996; Ord. 3171, passed - -2011)

(A) If a permit is granted, the adult business shall comply with the following operational requirements.

(1) Viewing areas. All viewing areas within the adult business shall be visible from a continuous and accessible main aisle in a public portion of the premises and shall not be obscured by any door, curtain, wall, two-way mirror or other device. A manager (as defined in division (A)(2) below) shall be stationed in the main aisle at a location from which the inside of all of the viewing areas are visible at all times in order to enforce all rules and regulations. No viewing area shall be designed or operated to permit occupancy of either more than one person or fewer than ten persons. No holes shall be permitted between individual viewing areas or between viewing areas and the stage.

(2) On-site manager and security. A person at least 18 years old if no alcoholic beverages are served, and 21 years old if alcoholic beverages are sold, shall be on the adult business premises as a manager during all operating hours. The on-site manager shall be registered with the Director and the Chief of Police and shall be responsible for receiving all complaints of violations on the premises. The adult business shall provide either a security system that visually monitors and records all parking lots or one security guard to patrol and monitor the parking lots. In addition, security guards shall be provided for the interior of the premises as follows.

(a) For adult businesses which sell alcoholic beverages and offer live entertainment: where the capacity of the establishment is one to 150 persons, two security guards shall be on the premises at all times that live entertainment is being offered simultaneously with the sale of alcohol. For an establishment with capacity greater than 150, two security guards plus an additional security guard for each incremental capacity increase of one to 75 persons, shall be on the premises at all times that live entertainment is being offered simultaneously with the sale of alcohol.

(b) For adult businesses which do not sell alcoholic beverages but offer live entertainment, one security guard for each capacity increment of 150 persons, or portion thereof, shall be on the premises at all times that live entertainment is being offered.

(3) Hours of operation. The adult business shall not be open for business between 2:00 a.m. and 10:00 a.m. No employee of an adult business shall perform or provide any service between 2:00 a.m. and 10:00 a.m. This section shall be preempted if an adult business has a permit from the Department of Alcoholic Beverage Control.

(4) Indoor lighting requirements. All areas of the adult business shall be illuminated at a minimum of 1.25 foot-candle, minimally maintained and evenly distributed at ground level.

(5) Conduct of entertainers, employees and patrons. No nude or semi-nude entertainer shall approach within four feet any patron while on the premises and no patron shall approach within four feet any nude or semi-nude entertainer while on the premises. All employees of adult businesses, other than performing nude or semi-nude entertainers, while on the premises of the adult business shall wear opaque coverings which cover their “specified anatomical areas.”

(6) Requirements for certain forms of entertainment. In the event the proposed use includes dancing or other related forms of entertainment for the viewing of patrons of the establishment, the proposed site shall include:

(a) A stage area for the entertainers with a minimum size of 100 square feet;

(b) A minimum distance of six feet between the stage area and the patrons of the establishment;

(c) Availability of separate dressing room facilities for entertainers, to which patrons are not permitted entry; and

(d) A private entrance from the entertainer dressing room(s) to the stage area which shall be used for all entrances to and exits from the stage area, and which shall not be accessible to patrons or customers of the establishment.

(7) Access provisions. No doors of the adult business (other than bathroom stall doors) may be locked during business hours and the on-site manager shall be responsible for providing that all rooms and areas are open to view and readily accessible at all times for inspection by law enforcement officers.

(8) Age of patrons. No person under the age of 18 shall enter or remain in an adult business that does not serve alcoholic beverages. No person under the age of 21 shall enter or remain in an adult business that serves alcoholic beverages. No person under the age of 18 shall have access to NC-17 or X-rated movies, video tapes or other adult material. If a business that is not otherwise prohibited from allowing persons under the age of 18 onto the premises provides access to adult material, such material shall be located in a section of the business where persons under the age of 18 shall be prohibited from entering. A sign giving notice of this provision shall be prominently displayed at the entrance of the adult business.

(9) Intoxicated patrons. No person obviously intoxicated shall enter or remain in an adult business. A sign giving notice of this provision shall be prominently displayed at the entrance of the adult business.

(B) Failure to comply with any of these requirements, or violations of conditions commen- surate with this chapter which are imposed upon the permit, may be considered grounds for initiating revocation of the permit.

(Ord. passed - -1996)

(A) The Planning Commission shall render a decision, which shall be confirmed in writing, on an adult use development permit application within 60 days of receiving a completed application if no traffic study is needed. The Planning Commission shall render such decision after a duly noticed public hearing has been held. The failure of the Planning Commission to render such a decision within this time frame shall constitute a denial of the permit application.

(B) Notice of hearing on the adult use development permit application for an adult business shall be provided pursuant to § 15.76.060 and pursuant to the requirements of Cal. Gov’t Code § 65901.

(C) The permit applicant has the burden to supply evidence to justify the granting of the adult use development permit for an adult business. The Planning Commission shall not be bound by the formal rules of evidence. The Planning Commission shall grant, conditionally grant or deny an adult use development permit application. Only conditions commensurate with the objective development standards of this chapter and the underlying district or zone in which the property is located may be imposed by the Planning Commission on the permit. The Planning Commission’s decision shall be in writing, shall identify the findings upon which its decision is based, and shall be mailed to the permit applicant and to the property owner via first-class mail.

(Ord. passed - -1996)

(A) Any interested person may appeal the Planning Commission’s decision to the City Council in writing within ten days after the Planning Commission’s written decision.

(B) Notice of the appeal hearing on the adult use development permit application shall be provided pursuant to this code § 15.76.060 and Cal. Gov’t Code § 65901.

(C) The City Council shall make a decision at a de novo public hearing which is to be held within 30 days of the filing or instituting of the appeal. The City Council shall not be bound by the formal rules of evidence. The appeals process shall be as provided for in Chapters 15.68 and 15.76 of this code, except as specifically modified herein. City Council action on appeal of the Planning Commission’s decision shall be by a majority vote of a quorum of the City Council and shall be final and conclusive.

(D) The City Council shall render its decision in writing, including findings of fact and conclusions, within 20 days of the public hearing held pursuant to this section. Notice of the City Council’s decision shall be mailed to the applicant and to the property owner and shall refer the interested party to the right of court review pursuant to Cal. Code of Civil Procedure § 1094.6. The City Council must identify the findings upon which its decision is based.

(Ord. passed - -1996)

(A) The permit shall be valid only for the exact location specified in the permit. The sale or transfer of a majority interest of an adult business or the sale, transfer or assignment of the permit must be accompanied, if the permit is to be valid, by the submittal of information by the new owners or permit holders so as to satisfy all conditions imposed by the adult use development permit for the adult business and the ordinance codified in this chapter.

(B) No transfer of a permit granted under this chapter shall be deemed valid if any new owner or potential transferee has been found guilty of or pleaded nolo contendere to within the past four years a misdemeanor or felony classified by the state as a sex or sex-related offense. Attempted transfer of an adult business permit under this chapter to a person who has been found guilty or pleaded nolo contendere within the past four years of a misdemeanor or felony classified by the state as a sex or sex-related offense shall be grounds for revocation of an adult use development permit pursuant to the procedure set forth in § 7.95.120.

(Ord. passed - -1996)

(A) All adult businesses or establishments regulated under the provisions of this chapter which are nonconforming uses on the effective date of the ordinance codified in this chapter that were lawfully in existence immediately prior to the effective date of the ordinance codified in this chapter and were rendered nonconforming by the application of this chapter shall be subject to an amortization period expiring three years after the effective date of the ordinance codified in this chapter. Such nonconforming uses shall either be discontinued or shall be brought into full conformance with the provisions of this chapter within three years of the effective date of the ordinance codified in this chapter.

(B) A nonconforming adult business may file an application with the Planning Commission for an extension of the amortization period and shall include a statement of the efforts that will be made to bring the adult business into conformity by the conclusion of the extension period, whether a previous extension has been requested and granted, and an application fee as established by resolution of the City Council. No more than two such applications will be considered for any nonconforming adult business. The term of the extension shall be determined by the Planning Commission based upon the factors set forth in division (D) below, but in no event shall the total term of extension(s) granted pursuant to this section exceed two years beyond the initial amortization period.

(C) The Planning Commission shall follow all due process and notice requirements that are required of adult use development permit application hearings. The Planning Commission shall grant or deny the request within 60 days of the filing of the extension application.

(D) In rendering its decision, the Planning Commission shall determine whether the adult business has been provided with a reasonable amortization period commensurate with the investment involved. If the Planning Commission determines that the amortization period is not reasonable it shall prescribe an amortization period that is commensurate with the investment involved. The burden shall be on the applicant to establish that the extension should be granted. No one criteria set forth below shall be determinative. The Planning Commission shall consider the following factors in making its determination:

(1) The financial investment in the adult business;

(2) The present actual and depreciated value of the business improvements;

(3) The applicable Internal Revenue Service depreciation schedules;

(4) The remaining useful life of the business improvements;

(5) The remaining lease term;

(6) The cost of relocating the adult business to a site conforming with the provisions of this chapter;

(7) The date upon which the property owner or business owner received notice of the nonconforming status of the adult business and the amortization requirements; and

(8) The effects on the health, safety and welfare of surrounding businesses and uses if the adult business is permitted to extend the amortization period.

(E) The Planning Commission’s decision shall be in writing and shall be mailed to the permit applicant and to the property owner via first-class mail.

(F) Any interested person may appeal the Planning Commission’s decision to the City Council in writing within ten days after the Planning Commission’s written decision. Any member of the City Council may within the same ten-day period initiate such an appeal.

(G) Notice and procedures of the appeal hearing shall follow that of the permit application process.

(H) The City Council declares to be a public nuisance any parcel where an adult business is operating and where the amortization period as a legal nonconforming use has expired and:

(1) No application for an extension is on file or has been granted; or

(2) No application for an adult use development permit is on file or has been granted.

(Ord. passed - -1996)

(A) The Planning Commission may revoke an adult use development permit for an adult business for any of the following reasons:

(1) The adult business violates one or more of the conditions imposed upon the issuance of the adult use development permit, fails to conform to the plans and procedures described in the application, or violates the occupant load limits set by the building division;

(2) The permit holder fails to obtain or maintain all required city, county and state licenses and permits;

(3) The adult use development permit is used to conduct an activity different from that for which it was issued;

(4) The permit holder has been untruthful or has misrepresented a material fact in the permit application;

(5) Due to changes in on-site conditions, the business lacks sufficient on-site parking for employees and the public as set forth in the city’s parking code, unless such parking is legal and a nonconforming use;

(6) The building or structure in which the business is conducted is found to be out of compliance with the provisions of the City Building, Plumbing or Fire Codes as adopted by the city, and the permit holder has failed or refused to correct the violation within 30 days of receiving written notification of the violation. This section shall not affect the city’s right to prohibit use of the premises for any purpose if the building becomes hazardous to the health and safety of the employees, patrons or general public, under the standards set forth in the City Building, Plumbing or Fire Codes as adopted by the city as the result of fire, flooding, earthquake, rioting or other emergency;

(7) The permitted adult business creates sound levels which violate the noise ordinance of the city;

(8) The permit holder fails to comply with conditions concerning provision of security guards to patrol parking lots and the interior of the premises as set forth in this chapter;

(9) The use for which the approval was granted has ceased to exist or has been suspended for six months or more; and/or

(10) (a) A patron or worker of the adult business is found guilty of, or pleaded nolo contendere to, a misdemeanor or felony classified by the state as a sex or sex-related offense, and that such offense or alleged offense occurred on the premises of the adult business.

(b) If the conduct is that of a patron, revocation must be based upon a finding that the operators of the adult business failed to control the conduct of a patron or assisted the patron in the conduct for which he or she is convicted.

(B) Notice of hearing on the proposed permit revocation, together with written notification of the specific grounds of complaint against the permit holder, shall be provided to the permit holder at least 15 days prior to the hearing. The permit holder has the burden to supply evidence to justify the continuation of the adult use development permit for the adult business. The Planning Commission shall not be bound by the formal rules of evidence. The Planning Commission shall revoke, not revoke or conditionally revoke the permit within 30 days of the revocation hearing. The Planning Commission’s decision shall be in writing, shall identify the findings upon which its decision is based and shall be mailed to the permit applicant and to the property owner via first-class mail.

(C) Any interested person may appeal the Planning Commission’s decision to the City Council in writing within ten days after such written decision. The appeal process shall follow Chapter 15.76 of this code. When a permit is revoked pursuant to this chapter, another adult use development permit for an adult business shall not be granted to the former permit holder within six months after the date of such revocation.

(Ord. passed - -1996)

(A) (1) An unrevoked adult use development permit for an adult business granted under this chapter shall be subject to review automatically after its issuance six months after issuance of the certificate of occupancy and every two years thereafter. The review shall be for the purpose of determining if the proposed use is being operated in compliance with the issued adult use development permit. The permit holder shall pay a fee of one-half the initial permit fee to cover the costs of investigation by the Police Department, Building Department and Fire Departments to inspect the premises to ensure that the business is being operated in compliance with the permit and to submit a review report to the Commission. The permit holder shall supply current information with respect to each category required in the initial application to enable the Commission to conduct its review for compliance.

(2) The Commission shall place the item on its nonhearing agenda and provide the applicant with notice of the time and place for the hearing at which the review will be considered. If requested by a Commission member or by the permit holder, the review may be by public hearing, following the same procedure set forth in § 7.95.080. If the Commission concludes that the business is not operating in compliance with its adult use development permit, it shall set a de novo public hearing to determine whether the permit should be revoked pursuant to the provisions of § 7.95.120.

(B) An adult use development permit for an adult business permit granted under this chapter shall become void if the adult business fails to operate within six months of the date of permit approval, unless prior to this time the permit holder demonstrates to the satisfaction of the Director of Development Services that it has a good faith intent to presently commence the proposed use. No more than two extensions of six months each for each failure to operate shall be permitted.

(Ord. passed - -1996)

(A) Any person who violates any section of this chapter shall be guilty of a misdemeanor and subject to a fine not less than $100 or more than $1,000 and/or imprisonment in the County Jail for a period up to six months. Each day such violation continues shall be regarded as a separate offense.

(B) Any adult business that violates any section of this chapter is declared to be a public nuisance, and the City Attorney or the District Attorney may, in addition to or in lieu of prosecuting a criminal action, commence an action for the abatement and enjoining of the nuisance, in the manner provided by law, and shall take other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate or remove such adult use establishment and restrain and enjoin any person from conducting, operating or maintaining an adult use establishment contrary to the provisions of this chapter.

(Ord. passed - -1996)