Sec. 44-196. - Permit required.

Notwithstanding any other provision of this chapter no adult oriented business shall be permitted to operate, engage in, conduct, or carry on business within the City unless the owner of the business first obtains an adult oriented business permit and a business license from the City, as well as any other permits or licenses required by law. The above notwithstanding, no adult oriented business proposing to provide live entertainment shall be required to obtain a special permit pursuant to Article V, Division 9. Nor shall any adult oriented business be required to be listed as a permitted or conditionally permitted use within the zone in which it proposes to locate if it otherwise complies with the other development requirements of this Code and the requirements of this section. If an adult oriented business intends to serve alcoholic beverages, the business shall be required to obtain a conditional use permit from the City for the service of the alcoholic beverages. Procedures for obtaining an adult oriented business permit are established in Article V, Division 9.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-197. - Findings/locational and operational requirements.

The following findings and locational and operational requirements shall be applicable at all times to all adult oriented businesses. The City Manager shall deny the requested permit if the findings have not been made.

(1)

The adult oriented business shall not be located within 300 feet of a residential zoning district or any properly approved residential use unless the proposed location of the adult oriented business is physically separated from the residential zoning district or use by a freeway or a creek drainage channel.

(2)

For the purposes of this section, a use is "located" upon a site if an application for the use to be placed upon the site has been filed with the City prior to the date the adult oriented business application has been filed with the City.

(3)

The adult oriented business shall not be located within 300 feet from the perimeter of any lot upon which there is properly located a public park, school, or religious institution unless the proposed location of the adult oriented business is physically separated from the public park, school, or religious institution by a freeway or a creek drainage channel.

(4)

The adult oriented business property shall not be located within 100 feet from the perimeter of any lot of any establishment that serves alcoholic beverages for onsite consumption unless the proposed location of the adult oriented business is physically separated from the alcohol serving facility by a freeway or a creek drainage channel.

(5)

The adult oriented business shall comply with the City's parking standards for the underlying use. Where no City parking standards exist for a particular underlying use, the adult oriented business shall provide one space per occupant as based upon the maximum occupancy as determined by the building official.

(6)

Any signage for the adult oriented business shall comply with the sign regulations of this Code.

(7)

The adult oriented business shall not be located completely or partially within any mobile structure or pushcart.

(8)

The adult oriented business shall not stage any special events, promotions, festivals, concerts, or similar events that would increase the demand for parking beyond the approved number of spaces for the particular use or that would increase occupancy beyond the maximum building occupancy as determined by the fire marshal as required by law.

(9)

The adult oriented business shall not conduct any massage, tattooing, acupressure, fortune telling, or escort services on the premises.

(10)

The adult oriented business shall provide a security system that visually records and monitors all parking lot areas. All indoor areas of the adult oriented business shall be open to public view at all times with the exception of restroom facilities. The term "accessible to the public" shall include those areas that are only accessible to members of the public who pay a fee and/or join a private club or organization.

(11)

The adult oriented business shall comply with the development and design requirements of the zoning district in which it is to be located.

(12)

The adult oriented business shall not display any sexually oriented material, sexually oriented merchandise, or contain window display that would be visible from any location other than from within the adult oriented business.

(13)

The adult oriented business shall not allow admittance to any person under the age of 18 if no liquor is served or under the age of 21 if liquor is served.

(14)

The adult oriented business shall not operate between the hours of 12:00 midnight and 10:00 a.m.

(15)

Neither the applicant, if an individual, nor any of the officers or general partners, if a corporation or partnership, of the adult oriented business shall have pled guilty or nolo contendre or been found guilty within the past two years of a misdemeanor or felony classified by this State or any other statute as a sexrelated offense and shall have not violated any of the provisions of an adult oriented business permit or similar permit or license in any City, County, territory or State.

(16)

The adult oriented business shall provide separate restroom facilities for male and female patrons. The restroom will be free from sexually oriented materials and sexually oriented merchandise. Only one person shall be allowed in the restroom at any time, unless otherwise required by law, in which case, the adult oriented business shall employ a restroom attendant/security officer of the same sex as the restroom user who shall be present in the public portion of the restroom, and that not more than one person is permitted to enter a restroom stall unless otherwise required by law and that the restroom facilities are used only for the intended sanitary uses.

(17)

The interior of the adult oriented business shall be configured such that there is an unobstructed view, by use of the naked eye and unaided by video, closed circuit cameras, or any other means, of every public area of the premises, including the interior of all individual viewing areas, from a manager's station, which is no larger than 32 square feet of floor area with no single dimension being greater than eight feet, in a public portion of the establishment. No public area, including the interior of any individual viewing area, shall be obscured by any door, curtain, wall, two-way mirror or other device that would prohibit a person from seeing the interior of the individual viewing area, solely with the use of the naked eye and unaided by video, closed circuit cameras or any other means, from the manager's station. The entire body of any patron in an individual viewing area must be visible from the manager's station without the assistance of a mirror or other device. A manager at least 21 years of age shall be stationed in the manager's station at all times the business is in operation or open to the public in order to enforce all laws and regulations. No individual viewing area shall be designed or occupied by more than one patron at a time.

(18)

All areas of the adult oriented business shall be illuminated at the following minimum foot-candle levels, evenly distributed at ground level:

TABLE II-7. ILLUMINATION REQUIREMENTS FOR ADULT ORIENTED BUSINESSES

(19)

The individual viewing areas of the adult oriented business shall be operated and maintained without holes, openings, or other means of direct visual or physical access between the interior spaces of two or more individual viewing areas. Any hole or opening shall be repaired within 24 hours using "pop" rivets to secure a metal plate over the hole or opening to prevent patrons from removing the metal plate.

(20)

A traffic study shall be prepared for the adult oriented business in conformance with industry standards. The applicant shall demonstrate that the project will not result in a reduction in any roadway level of service below that level of service designated in the general plan for that roadway.

(21)

The adult oriented business shall comply with the noise element of the general plan and noise standards of this chapter, interior and exterior noise standards, and any mitigation measures necessary to reduce the project's noise impacts to the City's articulated noise standard.

(22)

The adult oriented business shall comply with all building and construction standards of the Uniform Building Code, Chapter 24, Title 24 of the California Code of Regulations (24 CCR 24), and all other federal, State and City-adopted standards for the specific use.

(23)

Live entertainment shall only be performed on a permanently fixed stage raised at least 18 inches above the floor and separated from patrons by a fixed rail at least 30 inches in height placed at a distance of not

less than eight feet from the perimeter of the stage such that no portion of the performer is, at any time, within six feet of any patron. This provision shall not apply to an individual viewing area where the performer is completely separated from the area in which the performer is viewed by a partner by a permanent, floor-to-ceiling solid barrier enclosed on all sides such that access by the patron is not possible.

(24)

No performer engaged in a performance which includes adult live entertainment shall have physical contact with any patron, and no patron shall have physical contact with any performer, while the performer is performing on the premises. In addition, while on the premises, no performer shall have physical contact with a patron and no patron shall have physical contact with a performer, which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft or the buttocks, perineum, anal region, or female breast with any part or area of the other person's body either before, during or after any adult live entertainment by such performer. This prohibition does not extend to incidental touching. Patrons shall be advised of the separation and no touching requirements by signs conspicuously placed on the railing separating patrons and performers and in each individual viewing area. If necessary, patrons shall also be advised of the separation and no touching requirements by employees or independent contractors of the adult business.

(25)

No building, premises, structure, or other facility shall be permitted to contain more than one type of adult oriented business as such types of adult oriented business are defined in Section 44-195. For the purposes of this subsection, the phrase "adult oriented business" shall not itself embody all the various types of adult oriented businesses.

(26)

No individual viewing area may be occupied by more than one person at any one time. No beds shall be permitted in an individual viewing area.

(27)

No patron shall directly or indirectly pay or give any gratuity to any performer, and a performer shall not solicit or accept any direct gratuity from any patron. For the purposes of this section, the phrase "directly pay or give" shall mean the person-to-person transfer of the gratuity. This section shall not prohibit the establishment of a non-human gratuity receptacle placed at least eight feet from the stage or area occupied by the performer.

(28)

Public nudity shall be prohibited on the premises at all times. For the purposes of this subsection, the term "public nudity" shall mean the removal of clothing to the point where the individual is clothed in less than pasties and a g-string, as those terms are defined in Section 44-195.

(29)

The adult oriented business shall be operated consistent with the floor plan approved by the City. No changes to the floor plan shall be implemented unless and until the changes have first been approved by the City.

(30)

The adult oriented business shall provide dressing rooms for performers that are separated by gender and exclusively dedicated to the performers use, and which the performers shall use. Same gender performers may share a dressing room. Patrons shall not be permitted in dressing rooms.

(31)

The adult oriented business shall provide an entrance/exit for performers which is separate from the entrance/exit used by patrons, which the performers shall be required to use when entering and exiting the business.

(32)

At least one security guard will be on duty outside the premises, patrolling the grounds at all times the business is open to the public. The security guard shall be charged with prohibiting violations of law and enforcing the provisions of this chapter. All security guards will be uniformed so as to be readily identifiable as a security guard by the public. No person acting as a security guard shall act as a doorman, ticket taker or seller, or perform any other function while acting as a security guard. For all adult oriented businesses providing live entertainment, an additional security guard will be required with each increase in maximum occupancy of 50 persons. All security guards shall be licensed under the California State Private Security Services Act, Business and Professions Code § 7580 et seq.

(Ord. No. 2015-01, § 3, 5-5-2015)