La Palma Municipal Code § 44-165 Automobile service stations

(a) Amusement devices accessory to an allowed use.

(1) Two amusement devices or computers for rental by the hour shall be allowed as an accessory use to an otherwise allowed use within the City without the issuance of a conditional use permit.

(2) Up to eight amusement devices or computers for rental by the hour may be allowed as an accessory use to an otherwise permitted use upon the issuance of a conditional use permit subject to the provisions of this section.

(b) Standards of operation.

(1) Persons under 18 years of age. No person under 18 years of age shall be permitted to operate any amusement device hereunder between the hours of 8:00 a.m. and 3:00 p.m. Monday through Friday during the regular school year, except during legal school holidays, unless accompanied by a person over 18 years of age.

(2) Bicycle racks. Establishments that contain three or more amusement devices shall provide bicycle racks for the use of its patrons.

(3) Hours of operation. Amusement arcades and internet cafes, shall not be open between the hours of 10:00 p.m. and 10:00 a.m.

(4) Location. Amusement arcades and internet cafes shall not be located closer than 1,000 feet from another amusement arcade.

(5) Adult attendant. There shall be a minimum of one adult employee on site at all times for every ten amusement devices or computers for rental by the hour.

(6) No obstruction of doors/windows. There shall be no obstruction of the view into the facility through windows and glass doors, including heavy tinting, blinds, or shades.

(c) Limitation on conditional use permits. If deemed appropriate, the conditional use permit shall be reviewed after an initial term not to exceed six months. In addition, the approving body for the use permit may, in its discretion, undertake an annual review of the operations to ensure compliance with the use permit. If it is determined that the use permit may have been operated in violation of the conditions of approval or the provisions of this section, or if the use permit is the subject of complaints from adjacent property owners or businesses, the Community Development Director may initiate proceedings to revoke or modify the permit in compliance with Section 44-853.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a) Distance. The distance between automobile service stations on the same side of the street shall be not less than 400 feet, except at intersections of major, primary, or secondary highways.

(b) Site area. The minimum site area shall be 150 feet by 150 feet and shall have a minimum of a 150-foot frontage on a major, primary, or secondary highway.

(c) Operations outside of structures. Operations outside of permanent structures shall be limited to the dispensing of fuel and the provision of water, air, and supplies for windshield cleaning. No outside display, work, or outdoor sales of merchandise shall be allowed.

(d) Orientation of service bays. Entries to service bays shall not face the public right-of-way.

(e) Landscaping. In addition to general landscaping provisions contained in Article III, Division 3, not less than ten percent of the area of the site shall be permanently landscaped, planted, and maintained in a healthy condition.

(f) Walls abutting residential district. A solid masonry wall not less than eight feet in height shall be constructed where an automobile service station abuts a residential zoning district or use. The wall shall be reduced to three feet in height within any required setback area adjacent to a street.

(g) Repairs. Only minor repairs to vehicles shall be allowed at service stations. No major repairs shall be permitted.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a) Permit required. No community event shall be permitted to operate within the City unless the event holder obtains a community event permit, as well as any other permits or license required by law. Procedures for obtaining a community event permit are established in 44-948.

(b) Regulations. Applicants for permits under this section shall comply with each of the following minimum requirements:

(1) If any City personnel (e.g., police or community services) is recommended to be used for the community event, the applicant shall pay in advance the estimated costs and reimburse any extra costs for all City personnel necessary. The costs will be based on the City personnel's salary from the current year's budget. The City will reimburse the applicant the amount of the prepaid fees that were not spent through the provision of City services to the community event.

(2) No dangerous animals may be permitted at any community event.

(3) There shall be no consumption of alcoholic beverages at any outdoor community event.

(4) Any facilities for the dispensing of food and beverages shall be inspected by the Orange County Health Department.

(5) The applicant must obtain a temporary sign permit from the Community Development Department for any banners or balloons displayed at the community event pursuant to Section 44-394.

(6) The applicant must obtain a temporary structure permit from the Community Development Department before the construction of any temporary structures.

(7) No applicant shall be issued more than four community event permits in a calendar year.

(8) The applicant shall, prior to the issuance of the community event permit, submit to the special permit committee a certificate showing that there is in full force and effect liability and property damage insurance, written on an occurrence basis, covering every activity of the proposed community event in a minimum amount to be determined at the time of application.

(9) Prior to the issuance of a community event permit, the applicant shall provide the City with an executed hold-harmless agreement on a form provided by the special permit committee, which shall substantially state that the applicant agrees to indemnify, defend, and hold harmless the City and its officers, employees and agents and free from any liability, penalty, expense or loss of any nature, including but not limited to liability for damage or injury to any persons or property arising out of the willful or negligent acts, errors, or omissions of the applicant, its employees, agents, representatives, or subcontractors in the performance of any tasks or services conducted for or in connection with the event. The hold-harmless agreement shall in no way limit or affect the valid exercise of constitutionally protected speech and expression by the applicant or members of the event. Good cause shall include, but not be limited to, a determination that the application of this section would violate the constitutional rights of any individual.

(c) Regulations if on public property. If a community event takes place on public property, including a public park, public sidewalk or public street, the applicant shall submit an agreement on a form provided by the City and signed by the applicant, stating that, within 48 hours of the conclusion of the community event, the applicant will clean and restore the public property upon which the community event is to occur to its original condition. A cash deposit or a surety bond of $1,000.00, payable to the City, shall secure such agreement. The security deposit shall be refundable on compliance with the provisions and requirements of this article, including the removal of trash and debris, temporary signs, temporary circulation improvements, temporary fencing and accessory facilities and structures. In the event the applicant fails to comply with the terms of this section and remove all temporary facilities and structures or clean the site in a manner satisfactory to the special permit committee within 48 hours of the conclusion of the community event, the City may do so. The reasonable costs thereof shall be charged against the applicant's cash deposit or bond.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a) Permit required.

(1) Public dances. No public dance establishment shall be permitted to operate, engage in, conduct, or carry on business within the City unless the owner of the business first obtains a conditional use permit and a business license from the City as well as any other permits or licenses required by law.

(2) Temporary public dances. No temporary public dance shall be permitted to operate, engage in, conduct, or carry on business within the City unless the owner of the business first obtains a special event permit as well as any other permits or licenses required by law.

(3) Exemptions. Civic dances and dancing clubs shall not be subject to the provisions of this section.

(b) Hours of operation. No person shall operate or conduct any activity for which a permit is required under this section between the hours of 1:30 a.m. and 10:00 a.m.

(c) Illumination. All premises for which a permit is required by this section shall, during the activity for which a permit is required, be illuminated sufficiently so that there shall be average illumination of at least 50 footcandles at a height of 30 inches above the floor of such premises. All parking areas serving such premises which are owned or operated by any person for whom a permit is required by this section shall be well lighted and supervised.

(d) Dance floor space. No premises for which a permit is required under this section may have less than the following prescribed area, exclusive of hallway space, set aside and reserved exclusively for dancing:

(1) Three hundred square feet of dance floor, where the seating capacity of the establishment is not more than 50 persons.

(2) Four hundred square feet of dance floor, where the seating capacity of the establishment is not more than 75 persons.

(3) Five hundred square feet of dance floor, where the seating capacity of the establishment is in excess of 75 persons.

(e) Age of persons on premises. No person under the age of 21 years shall be permitted in or upon any premises for which a permit is required under this section where alcoholic beverages are sold, offered for sale, or consumed. No person under the age of 18 years shall be permitted in or upon any premises for which a permit is required under this section unless accompanied by a parent or guardian. Any person of whom a permit is required by this section shall be held responsible for determining whether any person is disqualified by age from being permitted in or upon such premises.

(f) Solicitation of alcoholic beverages. No person of whom a permit is required by this section, nor any agent or employee of such person, shall solicit alcoholic beverages from any other person on any premises to which such permit applies.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a) Uses. Use of self-storage facilities shall be limited to storage only. No other activities other than the replacement or retrieval of personal goods shall be allowed within the units or within the compound. No business activity other than the rental of storage units and sale of related items (i.e., boxes, packing material, package tape, etc.) shall be conducted on the premises.

(b) Site area and access. The site shall have a minimum area of not less than one and one-half acres or more than five acres, with frontage access to a dedicated street.

(c) Setbacks. Enclosed structures, fencing, storage, or parking areas shall be set back according to Table II-8.

TABLE II-8. SELF-STORAGE SETBACK REQUIREMENTS

(d) Building heights. Enclosed structures shall be a maximum of 35 feet in height and a maximum of three stories.

(e) Limited storage of certain items.

(1) Rental units shall not be used to store hazardous or toxic materials as defined by the California Department of Health in quantities or in concentrations greater than those normally found in the living portion of a residential dwelling.

(2) Rental units shall not be used to store materials that detonate or pose an unreasonable fire hazard upon decomposition, unstable organic compounds, or corrosive acids.

(3) Recreational vehicles, trucks, automobiles, boats, motorcycles, snowmobiles, lawn mowers, and other equipment with internal combustion engines and combustible fuel contained in the fuel tank shall be stored only in rental units with a one-hour fire rating.

(f) Within enclosed units. Storage of merchandise, vehicles, trailers, or other materials is permitted only within the units and shall not be allowed outside enclosed units.

(g) Hours of operation. Self-storage facilities shall limit the hours of operation to between 6:00 a.m. to 11:00 p.m.

(h) Size of units. Individual rental units shall not exceed 400 square feet in area.

(i) Access and circulation.

(1) An access road a minimum of 40 feet in width shall be provided for entry and exiting.

(2) Each interior drive aisle shall be continuous with no dead ends and shall be a minimum of 40 feet in width, providing temporary loading lanes ten feet in width along the storage units or perimeter block wall or fence, and a reserved fire access lane of 20 feet in width down the center. This is in addition to any landscape requirement.

(3) Lane striping and pavement signs shall be provided to maintain continuous access for emergency vehicles.

(j) Off-street parking. Parking shall be provided in compliance with Article III, Division 4.

(k) Walls. The premises shall be completely enclosed using a combination of structures, fences, and/or walls. The walls shall be masonry construction not less than eight feet in height as measured from the property line at the highest grade. Sites within 300 feet of property zoned for residential use shall provide structures (i.e., masonry block walls or similar) on the outside perimeter of the development a minimum of ten feet in height to protect residences from noise, nighttime glare, and visual activity.

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(l) Landscaping.

(1) Landscaping shall be provided in compliance with the approved landscape plan and adhere to the landscaping requirements in this chapter.

(2) Self-storage sites within 300 feet of a residential zoning district or use shall provide one 36-inch box tree and six 25-gallon trees for every 1,000 square feet of setback area.

(m) Architectural character. Self-storage facilities within 300 feet of a residential zoning district or use shall be designed to resemble a residential housing project in architectural character, landscaping, lighting, signage, color, and materials.

(n) Lighting. A lighting system of sufficient intensity to discourage vandalism and theft shall be provided during nighttime hours. All lights shall be shielded to direct light away from adjacent properties.

(o) Security. Self-storage facilities shall be operated under continuous supervision and/or surveillance to help discourage vandalism and theft.

(1) For the purposes of this section, the term "supervision" shall be defined as a facility with a resident caretaker. Housing accommodations for the resident caretaker shall have a clear view of the entrance and storage buildings. The housing unit shall contain a minimum of two bedrooms, two full bathrooms, and 1,150 square feet of area.

(2) For the purposes of this section, the term "surveillance" shall be defined as a facility utilizing a 24-hour security camera system to be monitored at all times by onsite personnel. The security camera system shall provide recorded videos of the entire perimeter of the property, around each structure, and within any public areas of structures such as interior hallways, elevators, and stairwells. Security tapes shall be kept onsite for a minimum of one month before being taped over or destroyed.

(p) Lease approval and right of entry. Self-storage operators shall submit a copy of the proposed lease documents to the City for approval. The lease documents shall clearly disclose the City's conditions of operation and the restrictions of uses. The lease documents shall contain provisions giving the self-storage operator the right to inspect the unit for the presence of hazardous, toxic, unstable, and explosive materials and to otherwise determine whether the lessee is complying with the terms and conditions of the lease. The provisions shall permit the self-storage operator to be accompanied by representatives of the City's Community Development Department, Community Services Department, and/or the Orange County Fire Authority during the inspections.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a) Attendance limitations. The maximum number of hours an individual student may occupy a tutoring facility is three hours per day during weekdays, four hours per day on Saturday or Sunday for elementary students, and six hours per day on Saturday or Sunday for middle school and high school students. The individual student shall not exceed a total of 15 hours per week. These restricted hours are applicable to holidays and school recesses as well as the normal school year. There are no restricted hours for adult students.

(b) Location. Tutoring facilities shall not be located within 1,000 feet of another tutoring facility. Tutoring facilities with any student in the third grade or below shall not be permitted to operate on the second floor or higher of any building.

(c) Adult supervision. Students shall be under adult supervision at all times both inside and outside of the facility. There shall be a minimum of one adult supervisor for every 15 students overall. Tutoring class sizes shall be limited to eight students per teacher.

(d) Records of attendance. Tutoring facilities shall keep daily records of all attendants. Such records shall be maintained for two years and be available for inspection as provided herein.

(e) Inspections. Tutoring facilities shall permit City officials to conduct unscheduled inspections of the premises of the tutoring facilities for the purpose of ensuring compliance with this section and the conditional use permit.

(Ord. No. 2015-01, § 3, 5-5-2015)

In addition to the requirements in Section 44-140(a), developments in the PND zoning district shall comply with the following development standards:

(1) Buildings and structures.

a. By adhering to a minimum of three of the standards below, the front setback requirement in PND districts is reduced to zero feet:

1. Place parking behind, underneath, or on side of building.

2. Buildings are located immediately behind a public or semi-public use, such as outdoor dining, display, public art, entry forecourts, or other amenity appropriate to an urban development.

3. A portion of the front building elevation may be set back to allow for outdoor use, such as outdoor patio dining.

4. A variable street setback may be used where the average setback is greater than five feet.

b. Corner parcels shall adhere to the traffic safety triangle standards in Section 44-276.

c. Lots fronting any street designated an arterial highway, regardless of size, are required to have commercial uses along their frontage with the façades facing the public street in a manner that enhances pedestrian connections to outdoor pedestrian spaces such as courtyards, paseos, plazas, and porticos.

d. All projects shall incorporate softscape to enhance the quality of development to the maximum extent reasonable. Softscape refers to the live, botanical elements of a landscape. Softscape includes green plants, flowering plants, trees, shrubs, vines, flowerbeds, various grasses and groundcovers, and includes the flower, greenery or botanical elements planted in containers, pots and raised beds.

e. A ten-foot buffer zone is required where a nonresidential property abuts residential property. This area may consist of:

1. Dense landscaping.

2. Decorative screening wall.

3. Landscaped berm.

f. While fences and walls are sometimes necessary to buffer uses, they can create visual barriers in an existing neighborhood. Fencing and walls constructed within the PND zoning district shall complement the design of the overall development and surrounding properties. All walls shall be constructed of decorative masonry.

g. Where a nonresidential property abuts residential property:

1. Open spaces shall be designed to discourage or prohibit the gathering or loitering of groups of persons which may cause noise or other nuisance upon the premises whereby the quiet or good order of the premises or neighborhood are disturbed; and

2. Excessive noise is prohibited and all exterior noise shall comply with Section 44-267.

(2) Encroachments.

a. No part of the structure, permanent attachment or other similar architectural feature may:

1. Extend into an established setback, side or rear yard or minimum distance between buildings for more than two feet; or

2. Extend into the public right-of-way without approval of an encroachment permit.

b. Hedges or any other shrubs or landscaping shall not encroach onto a curb or sidewalk or over a lot line.

c. No permanent seats, structures, or news-racks shall be placed in the public right-of-way without the review and approval of the City Engineer.

(3) Circulation.

a. Internal vehicle circulation shall provide a clear visual path to provide safe, convenient, and efficient vehicular access within and between developments.

b. Circulation patterns shall be designed to limit points of access from major thoroughfares and minimize the impacts of nonresidential traffic on adjacent residential properties.

(4) Loading, unloading, and service.

a. To the maximum extent feasible, common or shared service and delivery access shall be provided between adjacent parcels and/or buildings.

b. The loading and unloading area shall be of sufficient size to accommodate the numbers and types of vehicles that are likely to use this area, given the nature of the use.

c. Trash and loading facilities shall be located either:

1. At the rear of the site where they can be screened appropriately;

2. Along the sides of the buildings not visible from a public street; or

3. Incorporated into the building design.

d. Service and loading zones where visible from public streets and neighboring buildings and properties shall be screened by the use of decorative walls and/or dense landscaping that will serve as both a visual and a noise barrier.

e. In developments adjacent to residential uses, loading and unloading activities are permitted only during the hours of 7:00 a.m. to 7:00 p.m.

f. Trash enclosures shall be screened by a fully enclosed, roofed structure that shall complement the colors and architecture of the building.

g. Refuse enclosures shall be constructed in accordance with Section 44-274 with exception to Section 44-274(c)(1)d., setbacks from residential districts. To permit flexibility in the PND zoning district, placement of refuse enclosures shall be sited and constructed to minimize any adverse impacts to adjacent residential uses.

(5) Parking.

a. Parking shall meet the requirements of Division 4 of this article, Parking and Loading. Upon a finding that a reduction in on-site parking is appropriate for a particular use, the review authority may reduce the on-site parking requirements. Any such reduction in parking requirements shall be supported by a site-specific parking study prepared by a qualified engineer, and the reduced on-site parking shall be in accordance with a parking management plan prepared by a qualified engineer and approved by the review authority in conjunction with the precise plan for the development.

b. Reduced on-site parking may be accomplished, as appropriate, by such means as:

1. Reducing the number of required parking spaces;

2. Reciprocal/shared parking between adjacent facilities and/or developments;

3. Off-site parking;

4. Flexible work hour schedule;

5. Bicycle parking facilities including associated shower and changing facilities; and

6. Reciprocal access.

(6) Architecture.

a. The architecture shall be compatible with the predominant styles in the surrounding area and adhere to the design guidelines for the PND zoning district.

b. The following four design issues shall be addressed through project architecture:

1. Quality;

2. Aesthetics;

3. Styles; and

4. Materials.

c. The design of the building shall provide a distinctive, quality, consistent architectural character and style that avoid monotones or featureless building massing and design.

d. The development shall include the following focal point features, which shall be visible from the streets:

1. A distinctive design that does not represent standard franchise architecture;

2. An architectural feature such as a clock tower, spire, or interesting roof form;

3. Public art or sculpture;

4. Enhanced customer walkways;

5. Public seating; or

6. Landscape feature.

(7) Roofs.

a. Where buildings are adjacent to residential uses, rooflines shall be of a similar height to the residential uses or stepped down to a similar height to enhance the compatibility with nearby residential areas.

b. Where architecturally appropriate, roofs shall provide articulation and variations to divide the massiveness of the roof. Sloped roofs shall include eaves which are a minimum of 18 inches in width.

c. All rooflines in excess of 40 feet must be broken up through the use of gables, dormers, plant-ons, cutouts or other appropriate means.

(8) Signage.

a. All PND developments shall comply with the signage requirements set forth in Article III, Division 5.

b. A master sign plan is required for each PND multi-unit development or as determined by the Community Development Director.

c. On all street frontages, signage material shall be integrated into the overall design of the building.

d. Signs shall be located to complement the architectural features of a building such as above the building entrance, storefront opening, or other similar feature.

e. Permitted sign types shall be limited to wall, window, awning and monument signs.

f. Second floor signage is subject to a master signage plan and shall incorporate the following features:

1. Signs shall be mounted in locations that respect the design of a building, including the arrangement of bays and openings;

2. Signs shall be appropriately sized for visibility and continuity with the typical storefront or commercial façade of the first floor;

3. Signs shall be centered within an area uninterrupted by doors, windows, or architectural details; and

4. The top of the sign should be suspended in line with the lowest point of the roof.

(9) Landscape.

a. All PND developments shall comply with the landscape requirements set forth in Section 44-336 and the drought tolerant landscape ordinance.

b. A master landscape design plan shall be submitted for approval with the precise plan.

c. All screening walls shall be landscaped with a minimum 50 percent coverage.

(10) Flexibility in design standards. Modifications greater than those previously mentioned in this section may be permitted if the improvement reflects best urban design practices and does not cause an unreasonable privacy nuisance, public health, or safety concern.

(Ord. No. 2015-01, § 3, 5-5-2015)

Footnotes:

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State Law reference— Authority of City to regulate the time, place, and manner of operation of sexually oriented businesses, Government Code § 65850.4, Penal Code §§ 318.5, 318.6.

(a) The intent of this subdivision is to regulate adult oriented businesses which, because of their very nature, are believed to have many of the recognized significant secondary effects on the community which include: depreciated property values and increased vacancies in residential areas in the vicinity of the adult oriented businesses; higher crime rates, noise, debris, or vandalism in the vicinity of adult oriented businesses; and blighting conditions such as low level maintenance of commercial premises and parking lots which thereby have a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the neighborhoods in the vicinity of the adult oriented businesses. It is neither the intent nor effect of this subdivision to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor effect of this subdivision to restrict or deny access by adults to sexually oriented materials or merchandise protected by the first amendment, or to deny access by the distributors or exhibitors of adult oriented business to their intended market.

(b) Nothing in this subdivision 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 of California regarding public nuisances, unlawful exposure, sexual conduct, lewdness, or obscene or harmful matter or the exhibition or public display thereof.

(Ord. No. 2015-01, § 3, 5-5-2015)

When used in this subdivision, the words and phrases in this section have the following meanings ascribed to them, unless the context indicates a different meaning:

Adult bookstore means any establishment, which, as a regular and substantial course of conduct, displays and/or distributes adult merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral, or visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

Adult cabaret means a nightclub, bar, lounge, restaurant, or similar establishment or concern which features as a regular and substantial course of conduct, any type of live entertainment, films, motion pictures, videos, slides, other photographic reproductions, or other oral, written, or visual representations which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

Adult hotel/motel means a hotel or motel, which, as a regular and substantial course of conduct, provides to its patrons, through the provision of rooms equipped with closed-circuit television or other medium, material which is distinguished or characterized by the emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts and/or which rents, leases, or lets any room for less than a 12-hour period and/or rents, leases, or lets any room more than once in a 24-hour period and/or which advertises the availability of any of the above.

Adult live entertainment means any physical human body activity, whether performed or engaged in alone or with other persons, including singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which:

(1) The performer (including a topless and/or bottomless dancer, go-go dancer, exotic dancer, stripper, or similar performer) exposes to public view, without opaque covering, specified anatomical parts; and/or

(2) The performance or physical human body activity depicts, describes or relates to specified sexual activities whether or not the specified anatomical areas are covered.

Adult model studio means any premises where there is furnished, provided, or procured a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts where such model is being observed or viewed by any person for the purpose of being sketched, painted, drawn, sculptured, photographed, filmed, or videotaped for a fee, or any other thing of value, as a consideration, compensation, or gratuity for the right or opportunity to so observe the model or remain on the premises. The term "adult model studio" shall not include any live art class or any studio or classroom that is operated by any public agency or any private educational institution maintained pursuant to standards set by the Board of Education of the State of California.

Adult motion picture arcade means any business establishment or concern containing coin- or slug-operated or manually or electronically controlled still, motion picture, or video machines, projectors, or other image producing devices that are maintained to display images to an individual in individual viewing areas when those images are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

Adult oriented business.

(1) The term "adult oriented business" means any business establishment or concern which, as a regular and substantial course of conduct, performs as an adult bookstore, adult theater, adult motion picture arcade, adult cabaret, stripper, adult model studio or adult hotel/motel (but not clothing optional hotel/motel); or any business establishment or concern, which as a regular and substantial course of conduct, sells or distributes sexually oriented merchandise or sexually oriented material; or any business establishment or concern, which, as a regular and substantial course of conduct, provides or allows performers, models, actors, actresses, or employees to appear in any place in attire, which does not opaquely cover specified anatomical parts.

(2) For the purposes of this section, a business establishment or concern has established the provision of products, merchandise, services, or entertainment characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical parts as a regular and substantial course of conduct when one or more of the following conditions exist:

a. The area devoted to adult merchandise and/or sexually oriented material exceeds more than 25 percent of the total display or floor space area open to the public;

b. The business establishment or concern presents any type of live entertainment which is characterized by an emphasis on specified sexual activity or specified anatomical parts at least six times in any month in any given year;

c. The regular and substantial course of conduct of the business consists of or involves the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

(3) "Adult oriented business" does not include those uses or activities upon which regulation is preempted by State law.

Adult theater means a business establishment or concern which, as a regular and substantial course of conduct, presents live entertainment, motion pictures, videos, slide photographs, or other pictures or visual reproductions which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

G-string means an article of clothing that opaquely covers the buttocks at least one inch on either side of the natal cleft and covers the entirety of the genitalia and pubis.

Individual viewing area means any area designed for occupancy of one person for the purpose of viewing live performances, pictures, movies, videos, or other presentations.

Live art class means any premises on which all of the following occur: there is conducted a program of instruction involving the drawing, photographing, or sculpting of live models exposing specified anatomical parts; instruction is offered in a series of at least two classes; the instruction is offered indoors; an instructor is present in the classroom while any participants are present; and pre-registration is required at least 24 hours in advance of participation in the class.

Pasties means an article of clothing that opaquely covers the nipple and areola of the female breast and is not designed to nor appears to look like the nipple and/or areola of the female breast.

Performer means any person who is an employee or independent contractor of an adult-oriented business, and who, with or without any compensation or other form of consideration, performs adult live entertainment for patrons of an adult-oriented business. Performer does not include a patron.

Regular and substantial course of conduct means when 25 percent of a business's stock in trade, and/or 25 percent of a business's total gross annual revenue, or 25 percent of a business's advertising, or 25 percent of a business's net interior public area (not including non-public areas such as office space, dressing rooms, non-public storage space and public and non-public bathrooms) is derived from or devoted to a particular thing.

School means an institution of learning for minors, whether public or private which offers instruction in those courses of study required by the provisions of the California Education Code applicable to the type of school at issue and/or is maintained pursuant to standards set by the Board of Education of the State of California and has an approved use permit, if required under the applicable jurisdiction. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, or any special institution of learning under the jurisdiction of the California Department of Education, but does not include a vocational or professional institution or an institution of higher learning, including a community college or junior college, college or university. Neither shall the term "school" apply to a "tutorial facility" as that term is defined in Section 44-10; a "child day care facility" as that term is defined in Health and Safety Code § 1596.750; or a "day care center" as that term is defined in Health and Safety Code § 1596.76.

Sexually oriented material means any element of sexually oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, or other written, oral, or visual representation or presentation which, for purposes of sexual arousal, provides depictions that are characterized by an emphasis on matter depicting, describing, or relating to specific sexual activities or specified anatomical parts.

Sexually oriented merchandise means sexually oriented implements and paraphernalia, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery-operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity.

Specified anatomical parts means:

(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breasts below a point immediately above the top of the areola; or

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

Specified sexual activities means:

(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship, any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism [picquerism], sapphism, or zooerastia.

(2) Human genitals in a state of sexual stimulation, arousal, or tumescence.

(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation.

(4) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast.

(5) Masochism, erotic or sexually oriented torture, beating, or the infliction of pain.

(6) Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a human being.

(7) Human excretion, urination, menstruation, or vaginal or anal irrigation.

(8) The removal of clothing to the point where specified anatomical parts are either not opaquely covered or minimally covered with devices commonly referred to as pasties and g-strings or equivalent clothing.

(Ord. No. 2015-01, § 3, 5-5-2015)

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)

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 sex-related 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)

(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 right-of-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).

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)

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)

(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)

(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)

The provisions of this subdivision shall not apply to the following types of individuals while engaged in the performance of the duties of their respective professions:

(1) Physicians, surgeons, chiropractors, osteopaths, acupuncturists or physical therapists who are duly licensed to practice their respective professions in the State of California;

(2) Nurses registered and practicing under the laws of the State of California;

(3) Barbers and beauticians who are duly licensed to practice their respective professions in the State of California;

(4) Licensed employees of hospitals, nursing homes, sanatoriums, or other health care facilities that are duly licensed by the State of California.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a) Application. In addition to the information required to be provided under Section 22-11, a person applying for a business license for a massage establishment shall provide the following information:

(1) The prior business and permit history of the applicant, including but not limited to whether the applicant has ever had any permit or license issued by any agency, board, city, county, territory, or state; the date of issuance of such a permit or license; whether the permit or license was revoked or suspended; and whether a vocational or professional license or permit was issued, revoked, or suspended, and the reason for any revocation or suspension.

(2) All criminal convictions, other than misdemeanor traffic violations and infractions, the jurisdiction in which the conviction occurred, and the circumstances thereof.

(3) A description of the proposed massage establishment, including the type of treatments to be administered.

(4) Authorization for the City, its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application.

(5) A complete current list of the names and residence addresses of all proposed massage technicians, aides, trainees and other employees who are or will be employed in the massage establishment, if known. If not known at the time of submission of the application, the applicant shall provide the required information no later than seven calendar days prior to opening for business.

(6) For each person that the massage establishment does or will employ, retain or permit to perform massage for compensation, a copy of that person's current certificate issued by the Massage Therapy Council, and a copy of that person's identification card issued by the Massage Therapy Council.

(7) The name and residence addresses of the proposed operator(s) and manager(s) who will be principally in charge of the operation of the massage establishment.

(b) Changes in information. Except as otherwise specifically provided in this subdivision, once a business license is issued to a massage establishment, the applicant shall submit to the City any change to any of the information required above within seven calendar days of discovering that change. Such changes include, but are not limited to, changes in the types of services to be provided, and changes in the persons employed or retained by the massage establishment to perform massage for compensation.

(Ord. No. 2015-01, § 3, 5-5-2015)

It shall be unlawful to provide out-call massage, or to cause or allow out-call massage to be provided.

(Ord. No. 2015-01, § 3, 5-5-2015)

Every person operating or maintaining a massage establishment in the City shall comply with each of the following requirements at all times:

(1) Location. A massage establishment shall not be located within 1,000 feet of another massage establishment. The distance between massage establishments shall be measured in a straight line, without regard to intervening structures, from the closest exterior wall of one massage establishment to the closest exterior wall of the other massage establishment.

(2) Hours of operation. Massage operations shall be carried on or conducted, and the premises shall be open, only between the hours of 8:00 a.m. and 9:00 p.m. The operator and/or manager of the massage establishment shall notify the City, in writing, at least 30 calendar days prior to the effective date of any change to the establishment's hours of operation. No person shall administer a massage in any massage establishment outside the permissible hours of operation specified in this subsection.

(3) Management. One or more managers shall be designated to act as the person(s) in charge of managing day-to-day operations of the massage establishment, including receiving all complaints. The names of such managers must be provided to the City. At least one manager shall be on premises of the massage establishment at all times during all business hours of operation. In addition to the holder of the massage facility's business license, on-site managers shall be responsible for all violations taking place on the massage establishment premises during their respective shifts.

(4) List of services. A list of all available services, and their respective cost, shall be posted in an open public place within the massage establishment. The list shall, at minimum, be posted in English. No service shall be included on the list unless it is a service that falls within the professionally recognized scope of practice of a certified massage therapist or certified massage practitioner. No owner, manager or operator of a massage establishment shall allow, and no person shall perform or offer to perform, any service other than those posted pursuant to this subsection.

(5) Display of licenses and certificates. The massage establishment's business license and a copy of the massage certificate for every certified massage therapist and certified massage practitioner employed by the massage establishment, as an employee, independent contractor or otherwise, shall be displayed in an open and conspicuous public place on the massage establishment's premises.

(6) Records of treatment. Every massage facility operator shall keep a written record of all services rendered on the premises. The record shall include, at minimum, the date and hour of each service, the full name and complete address of the patron, the full name of any certified massage practitioner or certified massage therapist who administered any portion of such service. The record shall be retained for a minimum of two years from the date of service, and shall be open to inspection upon demand by officials charged with the enforcement of this subdivision, and by emergency personnel, for law enforcement and emergency purposes and for no other purpose. The information furnished or secured as a result of any such records shall remain confidential to the extent permitted by law.

(7) Inspections. All areas of the massage establishment shall be subject to reasonable inspections during all hours of operation to ensure compliance with the City's Code, state law regulating the practice of massage, and all other applicable laws and regulations.

(8) Massage school prohibited. No massage establishment shall operate as a school of massage or use, or permit use of, any portion of its facilities as a school of massage.

(9) Advertisements. No massage establishment owner, operator, manager, employee or independent contractor shall place, publish or distribute, or cause or allow to be placed, published or distributed, any advertising matter that would reasonably suggest to prospective patrons that any service is available unless such service is listed on the massage establishment's list of available services required under subsection (4).

(10) Clothing. All owners, operators, managers, employees, and independent contractors of a massage establishment shall be clean and shall wear clean, nontransparent outer garments at all times when present on the premises of the establishment. Such garments shall not expose any genitals, pubic areas, buttocks or breasts, and shall otherwise comply with the standards set forth in Business and Professions Code § 4609.

(11) Employees and independent contractors. The operator and/or manager of a massage establishment shall maintain on the premises a register of all employees and independent contractors of the establishment. Information concerning an employee or independent contractor shall be maintained for a minimum of two years after the person ceases to work for the establishment. The operator and/or manager shall make the register immediately available for inspection upon reasonable demand of a representative of City law enforcement or code enforcement. The register shall include, but not be limited to, the following information:

a. The name, nicknames and/or aliases used by an employee.

b. The employee's home address and relevant phone numbers (including but not limited to home, cellular and pager numbers.)

c. The employee's age, date of birth, gender, height, weight, color of hair and eyes.

d. The employee's Social Security number.

e. The date of employment and termination, if any.

f. The duties of each employee

(12) Compliance with laws. Massage establishments shall be operated in compliance with all applicable laws and regulations, including without limitation, the California Massage Therapy Act (Business and Professions Code § 4600 et seq.).

(Ord. No. 2015-01, § 3, 5-5-2015)

To ensure the health and safety of all persons, every person operating or maintaining a Massage Establishment, and/or providing massage services, in the City shall comply with all of the following requirements at all times:

(1) A recognizable and readable sign, compliant with all applicable City sign regulations, shall be posted at the main entrance of the massage establishment, identifying it as such an establishment.

(2) The hours of operation of the massage establishment must be posted in the front window in a manner that is clearly visible from the exterior of the establishment.

(3) One front door that enters into the lobby and/or other waiting room of the establishment shall be provided for customer use. All customers and any other persons other than employees of the establishment shall be required to enter and exit through the establishment's front door.

(4) Minimum lighting shall be provided in accordance with the Section 44-278. In addition, at least one unobstructed, artificial light of not less than 40 watts shall be provided in each room or booth where massage services are performed on patrons and shall be illuminated at all times while any patron is present therein.

(5) Minimum ventilation shall be provided in accordance with the California Building Standards Code.

(6) Instruments used in performing massage services shall not be used on more than one patron unless they have been sterilized using approved sterilizing methods between use on different patrons. Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided at all times.

(7) Hot and cold running water shall be provided at all times on the premises.

(8) Adequate bathing, dressing, locker, and toilet facilities shall be provided for patrons. Each massage establishment shall provide a minimum of one tub or shower, one toilet, one sink, and one dressing room containing a separate locker for each patron to be served, which locker shall be capable of being locked and a minimum of one toilet and one washbasin. If male and female patrons are to be served simultaneously at the establishment, separate bathing, separate massage rooms, separate dressing areas and separate toilet facilities shall be provided for each gender.

(9) All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition at all times. Wet and dry heat rooms, steam vapor rooms, steam and vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned with a disinfectant at least once each day that the business is in operation. Bathtubs shall be thoroughly cleaned with a disinfectant after each use. All walls, floors and ceilings of each restroom and shower area shall be constructed with materials that are smooth and easily cleanable. No carpeting shall be installed in these specified areas.

(10) Clean and sanitary towels, coverings and linens shall be provided for each patron of the establishment. No common use of towels or linens shall be permitted. Clean towels, coverings and linens shall be stored in enclosed cabinets. Disposable towels and coverings shall be permitted, but shall not be used on more than one patron. Soiled linens, coverings and towels shall be deposited in separate, approved receptacles.

(11) If any pads are used on massage tables, such pads shall be covered with a durable washable plastic or other waterproof material which shall be cleaned and disinfected with a disinfectant at least once each day the establishment is open.

(12) A minimum of one separate washbasin shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or detergent and hot and cold running water at all times and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shall be provided at each washbasin sanitary towels placed in permanently installed dispensers.

(13) No massage establishment shall be equipped with any of the following improvements:

a. Tinted or "one-way" glass in any room or office;

b. Door-viewer or peephole designed to look through a door or wall; or

c. Locking mechanisms on any interior door that would impede unobstructed entrance to massage treatment rooms, including but not limited to a locking mechanism on any treatment room door, unless there is no staff person available to assure the security for clients and massage personnel who are behind closed doors. For the purpose of this subsection, a staff member is available to assure the security of clients and massage personnel when the massage establishment employs a receptionist or other person who is stationed in a public location outside of the massage treatment rooms.

(14) With the exception of massage establishments owned by one individual with one or no employees or independent contractors, massage establishments shall keep all doors leading to the exterior of the premises unlocked during the establishment's business hours.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a) No massage shall be allowed in any areas of a massage establishment other than in designated massage rooms. If male and female patrons are to be served simultaneously at the establishment, separate massage rooms shall be provided for each gender. In any establishment in which massage services are rendered only to members of the same sex at any one time, such persons of the same sex may be placed in a single room, or the operators of the massage establishment may elect to place such persons in separate massage rooms.

(b) No massage services shall be rendered to a patron unless the patron's genitals are fully covered. In the case of a female patron, the patron's breasts must also be fully covered. In addition, no patron's genitals or the breasts of any female patron shall intentionally be touched while the patron is on the premises of the massage establishment.

(c) No alcoholic beverage or drug, other than a prescription medication in the possession of the person for whom the prescription was written, and no condoms, shall be stored or allowed on a massage establishment's premises. Service of alcoholic beverages shall not be permitted.

(d) No person shall enter or remain on any part of the premises of a massage establishment, and no person shall conduct, operate, be employed by or provide massage, while in the possession of, while consuming, or while under the influence of any alcoholic beverage or drug, except for medication provided pursuant to a valid prescription issued by a physician duly licensed to practice in the State of California.

(e) No sexually oriented material or sexually oriented merchandise may be allowed, displayed or stored anywhere on a massage establishment's premises. For purposes of this subsection, the terms "sexually oriented material" and "sexually oriented merchandise" shall have the same meanings as set forth in Section 44-195.

(f) No person may record, or cause or allow to be recorded, any audio and/or video of the performance of a massage or of the conversation or other sounds in any massage room, dressing area, toilet area or other portion of the premises where there is a reasonable expectation of privacy, without the knowledge and express written consent of the patron.

(g) No massage establishment shall have installed or utilize any signaling devices of any type to alert employees and/or patrons to the presence of law enforcement or other persons charged with enforcement of the provisions of this Code and/or other applicable laws and regulations.

(h) No person shall reside, dwell, occupy or live inside, or be allowed to reside, dwell, occupy or live inside, a massage establishment at any time.

(Ord. No. 2015-01, § 3, 5-5-2015)

Every person operating a massage establishment under a permit as herein provided shall keep a record of the date and hour of each treatment, the name and address of the patron, the type of treatment administered and the name of the person administering such treatment. Such record shall be maintained for a period of two years from the date services are rendered, and shall be open to inspection by officials charged with the enforcement of these provisions for the purposes of law enforcement and for no other purposes. The information furnished or secured as a result of any such inspection shall be confidential to the extent permitted by law. Any unauthorized disclosure or use of such information by any officer or employee of the City shall constitute a misdemeanor and such officer or employee shall be subject to penalties provided by law.

(Ord. No. 2015-01, § 3, 5-5-2015)

No person licensed to do business as herein provided shall operate under any name or conduct business under any designation not specified in the person's massage certificate.

(Ord. No. 2015-01, § 3, 5-5-2015)

The Police Chief or his or her agent, the Community Development Director, Fire Marshal, and/or the Orange County Health Care Agency or its successor agency may from time to time conduct unannounced inspections of a massage establishment, in accordance with applicable laws, for the purpose of confirming that the provisions of this subdivision are met, and may furnish a copy of the inspection report to any appropriate governmental agencies.

(Ord. No. 2015-01, § 3, 5-5-2015)