Sec. 44-198. - Distribution of harmful matter.

(a)

Blinders required. No person shall distribute, show, or otherwise display in any location which is visually accessible to minors, any harmful matter as defined in subsection (b) without the placement of a completely opaque material covering the display such that the lower two-thirds of the material is not exposed to view.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Harmful matter means any matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest, and is matter which, taken as a whole, depicts or describes in a patently offensive way sexual conduct and which, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.

Location visually accessible to minors means any location on a public or private street, sidewalk, or rightof-way as well as any location on private property which is visible from a public street, sidewalk or other right-of-way or from an area in which the public is invited and minors are not excluded.

Minor means any natural person under the age of 18.

(c)

Punishment. A violation of this section shall be a misdemeanor punishable according to the general penalties described in Section 2-350 (Misdemeanor penalty).

(Ord. No. 2015-01, § 3, 5-5-2015)

State Law reference— Authority of City to require blinders in front of material harmful to minors, Penal Code § 313.1(d).

Sec. 44-199. - Inspections.

The holder of an adult oriented business shall permit officers of the City and any of their authorized representatives to conduct unscheduled inspections of the premises of the adult oriented business for the purpose of ensuring compliance with the law at any time the adult oriented business is open for business or occupied.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-200. - Expansion of legal nonconforming uses.

Notwithstanding any other provision of this Code, no adult oriented business legally operating prior to the effective date of the ordinance codified in this section may be expanded in any manner unless and until the entire adult oriented business complies in all respects with the provisions of this section and/or any other provision of this chapter pertaining to the operation of the business. For the purposes of this section, the term "expansion" shall include any physical expansion of the facility in which the adult oriented business is located or operating and/or the introduction and/or addition of any category of adult oriented business use not legally operating on the property prior to the enactment of said ordinance as such separate categories of adult oriented business uses are contained in Section 44-195. For the purposes of this section, the phrase "adult oriented business" shall not itself embody all the various types of adult oriented business.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-201. - Health services fee.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Health Department or department means the Orange County Health Care Agency.

Health Officer means the County Health Officer or his/her duly authorized representative.

Receipt means a County public health services fee receipt.

(b)

Purpose and authority. The purpose of this section is to establish fees sufficient to meet the reasonable expenses of the Health Officer in enforcing State statutes, orders, quarantines, and rules and regulations of State offices and departments relating to public health, which expenses are hereby found not to be met by the fees prescribed by the State. The authority for this subsection is contained in the Health and Safety Code § 101325, as amended.

(c)

Area of application. This section shall be enforceable within the territory in which the Health Officer enforces any State statute, order, quarantine, or rule or regulation of State offices and departments relating to public health, which expenses are hereby found not to be met by the fees prescribed by the State. The authority for this subsection is contained in Health and Safety Code § 101325, as amended.

(d)

Violation. Notwithstanding any provision to the contrary, it shall be unlawful for any person to conduct any activity enumerated in this section without obtaining a valid receipt.

(e)

Separate activities. If a person shall conduct more than one of the activities for which a receipt is required, he/she must obtain a separate receipt for each activity, except as otherwise provided herein.

(f)

Applications. Applications for a receipt shall be filed with the health department on a form to be provided by that department. The applications shall be accompanied by payment of the required fee. An applicant for or a recipient of a receipt shall provide the Health Officer with any information requested by him or her.

(g)

Rules and regulations. The Health Officer shall administer this section and may issue regulations and prepare application and identification forms pertaining thereto.

(h)

Fees. The County shall, by annual resolution of the Board of Supervisors, adopt health service fees to be paid by the proprietor or operator of the adult oriented business. The fees are to be paid directly to the health department and retained by the department as reimbursement for services related to the administration and enforcement of this subdivision.

(Ord. No. 2015-01, § 3, 5-5-2015)

Secs. 44-202—44-225. - Reserved. Subdivision III. - Massage Facilities

Sec. 44-226. - Permit and licenses required.

(a)

No person, association, partnership, corporation or other entity shall be permitted to operate, engage in, conduct, or carry on, or to permit to be engaged in, conducted or carried on, the operation of a massage establishment unless: (1) all persons providing massage at the establishment are certified massage practitioners and/or certified massage therapists; and (2) the massage establishment operator has obtained a business license and a conditional use permit from the City, as well as any other permits, licenses and other approvals required by law. Procedures for obtaining a business license are set forth in Chapter 22.

(b)

Any person administering massage in the City for compensation must be certified massage practitioner and/or certified massage therapist holding a valid certification from the Massage Therapy Council. No person may administer massage within the City without first providing, to the Community Development Department, a copy of his or her massage certificate and a list of the names and addresses of all massage establishments at which he or she will provide massage for compensation. Any change in the locations at which a person will provide massage for compensation shall be reported to the City within five working days of the change.

(Ord. No. 2015-01, § 3, 5-5-2015)