Chapter 5.10 — ADULT ORIENTED BUSINESSES

Article 1 General Provisions

It is the purpose of this chapter to regulate adult oriented businesses in order to promote the health, safety and general welfare of the citizens of the City. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult oriented materials. Similarly, it is not the intent nor effect of this chapter 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 entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.

The City Council finds and determines as follows: On September 10, 1998, the Ninth Circuit issued its opinion in Baby Tam & Co., Inc. v. City of Las Vegas, 154 F. 3d 1097 (1998), holding that adult use business licensing chapters are required to provide for prompt hearing and prompt judicial review for persons whose license or permit applications had been denied. On January 14, 2000, the Ninth Circuit issued its opinion in Baby Tam & Co., Inc. v. City of Las Vegas, No. 99-16809, making further holdings in this regard. The City Council finds that the time allowances in this chapter are the shortest fixed periods compatible with the balancing between sound planning and land use and protection of First Amendment freedoms. The City Council finds that these time frames are reasonable, in that the City is granting or denying an adult use permit within 7 days of the filing of a completed application for such permit. After this filing of an appeal of a decision to grant, conditionally grant, or deny an application, the City Council conducts a public hearing on such appeal and renders a written decision. The City Council takes notice that California Code of Civil Procedure Section 1094.8 was adopted in direct response to Baby Tam I and sets forth an expedited review process for review of permits with any first amendment protections. (Ord. 2015-439 §1)

For the purpose of this chapter the words and phrases shall have the meanings respectively ascribed to them by Title 18 of the Guadalupe Municipal Code which is adopted concurrently with this section and included herein as though fully set forth at this point by this reference. Additional words and phrases used in this chapter shall have the following meanings:

"Adult oriented business operator" or "operator" means a person who supervises, manages, 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 of activities occurring on the premises thereof.

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

"Bar" means any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises.

"Figure model" means any person who for pecuniary compensation, consideration, hire or reward serves as a live human model for the purposes of sexual stimulation of patrons, displays specified anatomical areas (see Title 18) to be observed, sketched, photographed, filmed,

painted, sculpted or otherwise depicted by persons paying such compensation or consideration.

"Health officer" means any duly authorized representative of the City of Guadalupe. "Permittee" means the person to whom an adult oriented business permit is issued.

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

"Police Chief" means the Chief of Police of the City of Guadalupe or any duly authorized representative thereof. (Ord. 2015-439 §1)

A. It is unlawful for any person to conduct or operate in the City of Guadalupe, the operation of an adult oriented business unless the person first obtains and continues to maintain in full force and effect a permit from the City of Guadalupe as herein required (adult oriented business regulatory permit).

B. It is unlawful for any persons to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult oriented business unless the person first obtains and continues in full force and effect a permit from the City of Guadalupe as herein required (adult oriented business performer permit).

C. The City's designee shall be the City Manager or any other officer or employee designated by the City Manager to deal with the provisions of this chapter. (Ord. 2015-439 §1)

Article 2 Application and Permits

Every person who proposes to maintain, operate or conduct an adult oriented business in the City of Guadalupe shall file an application with the City upon a form provided by the City of Guadalupe and shall pay a filing fee, as established by resolution adopted by the City Council from time to time, which shall not be refundable. The fee established may not exceed the cost of processing the application.

The City's designee is responsible for granting, denying, revoking, suspending and canceling adult oriented business permits for proposed or existing adult oriented businesses. (Ord. 2015-439 §1)

A. Adult oriented business regulatory permits are nontransferable, except in accordance with Section 5.10.205. Therefore, all applications shall include the following information:

1. 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.

2. 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.

3. If the applicant is a corporation, the corporation shall provide its complete name, the
date of its incorporation, evidence that the corporation is in good standing under the
laws of California, the names and capacity of all officers and directors, the name of
the registered corporate agent and the address of the registered office for service of
process.

B. 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 shall sign the application.

C. 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.

D. A description of the type of adult oriented business for which the permit is requested 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.

E. The address to which notice of action on the application is to be mailed.

F. The names of all employees, independent contractors and other persons who will perform at the adult oriented business, who are required by Section 5.10.206 to obtain an adult oriented business performer license (for ongoing reporting requirements see Section 5.10.206).

G. 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 6 inches.

H. 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 Section 5.10.301(C). (Ord. 2015-439 §1)

A. Upon receipt of a completed application and payment of the application and permit fees, the City shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the application is complete and whether the applicant shall be issued an adult oriented business regulatory permit.

B. Upon receipt of an application properly filed with the City, and upon payment of the nonrefundable application fee, the City or its designee shall immediately stamp the application as received on that date. Within 2 business days of receipt the City shall determine whether or not the application is complete. If the application is not complete the City shall promptly notify the applicant of that fact. The time period for granting or denying a permit shall be stayed during the period within which the application is incomplete.

C. Within 15 days of receipt of the completed application, the City's designee 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 City's designee shall write or stamp "Granted" or "Denied" on the application and
date and sign such notation.

2. If the application is denied, the City's designee shall attach to the application a
statement of the reasons for denial.

3. If the application is granted, the City's designee shall attach to the application an adult
oriented business regulatory permit.

4. 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 applicant at the
address stated in the application.

D. The City's designee shall grant the application and issue the adult oriented business regulatory permit upon findings that the proposed business meets the location criteria of Title 18, unless the application is denied. The permittee shall post the permit conspicuously in the adult oriented business premises.

E. If the City's designee grants the application or if the City's designee neither grants nor denies the application within 15 days after it is stamped as received (except as provided in subsection B, the applicant may begin operating the adult oriented business for which the permit was sought subject to compliance with the development and performance standards and requirements of Section 5.10.301. Compliance with all portions of the Guadalupe Municipal Code is a condition of any permit issued pursuant to this chapter. (Ord. 2015-439 §1)

The City's designee shall deny the application for any of the following reasons:

A. The building, structure, equipment or location used by the business for which an adult oriented business regulatory permit is required do not comply with the location or development and performance standards and requirements of these regulations;

B. 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 an adult oriented business regulatory permit;

C. An applicant is under 18 years of age;

D. The required application fee has not been paid. (Ord. 2015-439 §1)

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

B. A permittee shall not transfer ownership or control of an adult oriented business or transfer an adult oriented business regulatory permit to another person unless and until the transferee obtains an amendment to the permit from the City's designee stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the City's designee in accordance with Sections 5.10.201 and 5.10.202, accompanies the application with a transfer fee in an amount set by resolution of the City Council, and the City's designee determines in accordance with Section 5.10.203 that the transferee would be entitled to the issuance of an original permit. (Ord. 2015-439 §1)

A. No person shall engage in or participate in any live performance with an emphasis upon specified anatomical areas (see Section 9.17.020) or specified sexual activities (see Section 9.17.020) in an adult oriented business, without a valid adult oriented business performer permit issued by the City. All persons who have been issued an adult oriented business regulatory permit shall promptly supplement the information provided as part of the application for the permit required by Section 5.10.201, with the names of all performers required to obtain an adult oriented business performer permit, within 30 days of any change in the information originally submitted.

B. The City's designee shall grant, deny and renew adult oriented business performer permits.

C. The application for a permit shall be made on a form provided by the City's designee. An original and 2 copies of the completed and sworn permit application shall be filed with the City's designee.

D. The completed application shall contain the following information and be accompanied by the following documents:

1. The applicants legal name and any other names (including stage names and aliases) used by the applicant;

   2. Age, date and place of birth;

   3. Height, weight, hair and eye color;

   4. Present residence address and telephone number;

   5. Whether the applicant has ever been convicted of:

      i. Any of the offenses set forth in Sections 315, 316, 266a, 266b, 266c,266e, 266g,
      266h, 266i, 647(a), 647(b) and 647(d) of the California Penal Code as those
      sections now exist or may hereafter be amended or renumbered,

      ii. The equivalent of the aforesaid offenses outside the State of California;

   6. Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization, and the inclusive dates during which such person was so licensed, registered or authorized to engage in prostitution;

   7. State driver's license or identification number;

   8. Satisfactory written proof that the applicant is at least 18 years of age;

   9. If the application is made for the purpose of renewing a license, the applicant shall

   attach a copy of the license to be renewed.

E. The completed application shall be accompanied by a nonrefundable application fee. The amount of the fee shall be set by resolution of the City Council. The amount of such fee may not exceed the cost of processing the application.

F. Upon receipt of an application and payment of the application fees, the City's designee shall immediately stamp the application as received and promptly investigate the application.

G. If the City's designee determines that the applicant has completed the application improperly, the City's designee shall promptly notify the applicant of such fact. The time period for granting or denying a permit shall be stayed during the period in which the application is incomplete. (Ord. 2015-439 §1)

A. Within 2 business days after receipt of the completed application, the City's designee shall grant or deny the application and so notify the applicant as follows:

1. The City's designee shall write or stamp "Granted" or "Denied" on the application and
date and sign such notation.

2. If the application is denied, the City's designee shall attach to the application a

statement of the reasons for denial.

3. If the application is granted, the City's designee shall attach to the application an adult
oriented business performer permit.

4. 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 applicant at the
residence address stated in the application.

B. The City's designee shall grant the application and issue the permit unless the application is denied for one or more of the reasons set forth in subsection D of this section.

C. If the City's designee grants the application or if the City's designee neither grants nor denies the application within 2 business days after it is stamped as received (except as provided in Section 5.10.206(G), the applicant may begin performing in the capacity for which the license was sought.

D. The City's designee shall deny the application for any of the following reasons:

1. The applicant has knowingly made any false, misleading or fraudulent statement of a
material fact in the application for a permit;

2. The applicant is under 18 years of age;

3. The adult oriented business performer permit is to be used for performing in a
business prohibited by State or City law.

4. The applicant has been registered in any state as a prostitute.

5. The applicant has been convicted of any of the offenses enumerated in this title or
convicted of an offense outside the State of California that would have constituted
any of the described offenses if committed within the State of California. A permit
may be issued to any person convicted of the described crimes if the conviction
occurred more than 5 years prior to the date of the application.

E. Each adult oriented business performer permit shall expire one year from the date of issuance and may be renewed only by filing with the City's designee a written request for renewal, accompanied by the application fee and a copy of the permit to be renewed. The request for renewal shall be made at least 30 days before the expiration date of the permit. Applications for renewal shall be acted on as provided herein for applications for permits. (Ord. 2015-439 §1)

Administrative appeal to the City Council. After denial of an application or suspension or revocation of a permit, the applicant or permittee may seek prompt review of such administrative action through the City Council, under the provisions of the Guadalupe Municipal Code and may appeal any decision of the City Council to the Superior Court pursuant to California Code of Civil Procedure Section 1094.8. (Ord. 2015-439 §1)

Article 3 Operating and Development Standards

A. Operating standards are a legitimate and reasonable means of ensuring that adult businesses are conducted in a manner so as to minimize their adverse secondary effects and to help assure that such operators and businesses comply with reasonable regulations related to such requirements to minimize control problems associated with such businesses and thereby protect the health, safety and welfare of City residents, protect citizens from increased crime, preserve the quality of life, preserve property values and the character of surrounding neighborhoods and businesses, and deter the spread of urban blight. The operational requirements contained in this chapter do not unreasonably restrict the establishment or operation of constitutionally protected adult businesses in the City.

B. The City Council, in adopting operational standards, recognizes that these standards do not preclude reasonable alternative avenues of communication. For example, the closing hours requirement means that adult businesses are free to operate 7 days a week for 16 hours per day. The City Council takes note of the proliferation of adult material on the Internet and its availability as an alternative avenue of communication. The City Council also considers and relies on published decisions examining the proliferation of communications on the Internet. (Reno v. American Civil Liberties Union, 521 U.S. 844 [the principle channel through which many Americans now transmit and receive sexually explicit communication is the Internet]; Anheuser-Busch v. Schmoke, 101 F. 3d 325 [the Fourth Circuit rejected a First Amendment challenge to a Baltimore chapter restricting alcohol advertisements on billboards acknowledging that the Internet is one available channel of communication]; U.S. v. Hockings, 129 F. 3d 1069; U.S. Thomas, 74 F. 3d 701 [recognizing the Internet as a medium for transmission of sexually explicit material in the context of obscenity prosecutions].) The emergence of the Internet brings with it a virtually unlimited additional source of adult oriented sexual materials available to interested person(s) in every community with a mere keystroke. An adult business no longer has to be actually physically located in a city to be available in the community.

C. The City Council has also determined that a closing hours requirement promotes the reduction of deleterious secondary effects from adult facilities and reasonably relies on prior court decisions on the need for closing hours including Mitchell v. Comm. On Adult Entertainment, 10 F. 3d 123; Lady J Lingerie, Inc. v. City of Jacksonville, 973 F. Supp 1428; and City of Colorado Springs v. 2345 mc, 896 P. 2d 272.

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 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. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

E. All off-street parking area and premises entries of the adult oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking surface and/or walkways. The required lighting level 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. The lighting shall be shown on the required sketch or diagram of the premises.

F. Except for those businesses also regulated by the California Department of Alcoholic Beverage Control, an adult oriented business shall be open for business only between the hours of 8:00 a.m. and 2:00 a.m. This restriction shall not apply to an adult hotel or adult motel.

G. The building entrance 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. No person under the age of 18 years shall be permitted within the premises at any time.

H. All indoor areas of the adult oriented business within which patrons are permitted, except rest rooms, shall be open to view by the management at all times.

I. Any adult oriented business which is also an adult arcade shall comply with the following provisions:

1. No adult booth/individual viewing area shall be occupied by more than one individual at a time.

2. Each adult booth/viewing area within the adult business shall be visible from a continuous and accessible main aisle in a public portion of the establishment, and shall not be obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing the entire interior of the adult booth/ individual viewing area from the main aisle. A manager shall be stationed in the main aisle at all times. Further, no one shall maintain any adult booth/individual viewing area in any configuration unless the entire interior wherein the picture or entertainment that is viewed is visible from one main aisle. The entire body of any patron in any adult booth/individual viewing area must be visible from the main aisle without the assistance of mirrors or other device.

   3. No doors are permitted on an adult booth/individual viewing area. No partially or fully enclosed adult booth/individual viewing areas or partially or fully concealed adult booth/individually viewing areas shall be maintained.

   4. The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any 2 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 2 such booths or rooms.

   5. No holes or other openings (commonly known as glory holes) shall be permitted between adult booths/individual viewing areas. Any such hole or opening shall be repaired within 24 hours using pop rivets to secure metal plates over the hole or opening to prevent patrons from removing the metal plates.

   6. 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.

7. No beds shall be permitted in an adult booth/individual viewing area.

J. All areas of the adult oriented business shall be illuminated at a minimum of the following footcandles, minimally maintained and evenly distributed at ground level:

Area Foot-Candles

Bookstores and other retail 20
establishments

Theaters and cabarets 5 (except during performances, at which
times lighting shall be at least 1.25)

Arcades 10

Motels/hotels 20 (in public areas)

Modeling studios 20

K. The adult oriented business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from any adult material. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this subsection shall not apply to an adult oriented business which deals exclusively with sale or rental of adult material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its patrons or the general public.

L. On-Site Manager—Security Measures. All adult businesses shall have a responsible person who shall be at least 18 years of age and shall be on the premises to act as a manager at all times during which the business is open. No performer may serve as the manager. The individual(s) designated as the on-site manager shall provide his or her name to the Planning Director to receive all complaints and be given by the owner and/or operator the responsibility and duty to address and resolve all violations taking place on the premises. All adult businesses shall provide a security system that visually records and monitors all parking lot areas, or, in the alternative, State licensed uniformed security guards to patrol and monitor the parking lot areas during all times during which the business is open. If the business employs security guards, they shall provide written confirmation to the Police Chief prior to their employment that the guards are duly registered. No performer may serve as a security guard. A sign indicating compliance with this provision shall be posted on the exterior of the premises between 4 to 6 feet from the ground. The sign shall not exceed 2 feet by 3 feet and shall at a minimum be one foot by one and one-half feet and shall utilize red or black printing letters of not less than one inch in size.

M. No exterior door or window on the premises of an adult business shall be propped or kept open at anytime while the business is open and any exterior windows shall be covered with opaque coverings at all times.

N. The following additional requirements shall pertain to adult oriented businesses providing live entertainment:

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 10 feet from the nearest area occupied by patrons, and no patron shall be permitted within 10 feet of the stage while the stage is occupied by a performer. "Performer" means any person who is an employee or independent contractor of the adult oriented business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult oriented business;

   2. The adult oriented business shall provide separate dressing room facilities for performers which are exclusively dedicated to the performers use;

   3. The adult oriented business shall provide an entrance/exit for performers which is separate from the entrance/exit used by patrons;

   4. The adult oriented business shall provide access for performers 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 3-foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers capable of (and which actually results in) preventing any physical contact between patrons and performers;

   5. No performer, before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any performer before, during or after performances by such performer. This subsection shall only apply to physical contact on the premises of the adult oriented business. This limitation shall not be construed to apply to incidental physical contact;

   6. Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between performers and patrons required by this subsection;

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

   8. No owner or other person with managerial control over an adult oriented business (as that term is defined herein) shall permit any 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 nipple or areola and/or covered 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.

(Ord. 2015-439 §1)

Every permittee of an adult oriented business which provides live adult entertainment must maintain a register of all persons so performing on the premises and their permit numbers. Such

register shall be available for inspection during regular business hours by any police officer of the City of Guadalupe. (Ord. 2015-439 §1)

A. Every adult oriented business shall display at all times during business hours the permit issued pursuant to the provisions of this chapter 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.

B. The Police Chief shall provide each adult oriented business performer required to have a permit pursuant to the chapter, with an identification card containing the name, address, photograph and permit number of such performer.

C. An adult oriented business performer shall have such card available for inspection at all times during which such person is on the premises of the adult oriented business. (Ord. 2015-439 §1)

prohibited.

A. It is 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 is unlawful for any permittee, operator or other person in charge of any adult oriented business to knowingly permit to enter or remain within the adult oriented business, any person who is not at least 18 years of age. (Ord. 2015-439 §1)

Article 4 Miscellaneous Provisions

An applicant or permittee shall permit representatives of the Police Department, Health Department, Fire Department, Planning Division or other City departments or agencies to inspect the premises of an adult oriented business for the purpose of insuring compliance with the law 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 or she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business. (Ord. 2015-439 §1)

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 of Guadalupe. (Ord. 2015-439 §1)

It is unlawful for any owner, operator, manager or permittee in charge of or in control of an adult oriented business which provides live adult entertainment to allow any person to perform such entertainment who is not in possession of a valid adult oriented business performer permit. (Ord. 2015-439 §1)

All persons who possess an outstanding business license heretofore issued for the operation of an adult oriented business and all persons required by this chapter to obtain an adult oriented business performer permit must apply for and obtain such a permit within 90 days of the effective date of the ordinance codified in this chapter. Failure to do so and continued operation of an adult oriented business or the continued performances in an adult oriented business after such time without a permit shall constitute a violation of this chapter. (Ord. 2015-439 §1)

If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, or invalid, or ineffective. (Ord. 2015-439 §1)